logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원남원지원 2016.12.21 2016가단814
공사대금등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 15, 2015, the Plaintiff, Nonparty B, and C (hereinafter “Plaintiff, etc.”) concluded a sales contract with the Defendant on the purport of the Plaintiff’s assertion that the Plaintiff, Nonparty B, and C (hereinafter “Plaintiff, etc.”) sell the pertinent building for KRW 1.5 billion (hereinafter “instant sales contract”). At the time, the Plaintiff, etc. and the Defendant agreed to acquire both the Plaintiff, etc., for the following reasons: (a) the costs of remodeling construction for the instant building; (b) the obligation to return the lease deposit for the instant building was acquired by the Defendant to the lessee; and (c) the monthly rent that was not received from the lessee of the instant building was agreed to acquire.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 22,805,00, lease deposit of KRW 29,000,000, and the sum of the monthly rent of KRW 25,780,00,000, and the delayed payment of KRW 77,585,00.

2. Determination

A. We examine whether the Defendant agreed to pay the remodeling construction cost of the building of this case to the Plaintiff, etc., and there is no evidence to acknowledge this.

[Plaintiff’s own agreement on the payment of the construction cost as above is revealed to have been concluded orally (see, e.g., the protocol of the second and fourth pleadings), and there is no description as to the construction cost claimed by the Plaintiff in the sales contract (Evidence 1) prepared at the time of the conclusion of the instant sales contract. Therefore, the Plaintiff’s above assertion is

B. Even according to the Plaintiff’s assertion on the claim for lease deposit, the Defendant and the Plaintiff agreed with the Plaintiff, etc. to accept the obligation to return the lease deposit against the lessee of the instant building upon entering into the instant sales contract, and even according to the statement in the evidence No. 1, the Defendant’s obligation to return the lease deposit amount of KRW 548,200,000 regarding the instant building.

arrow