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(영문) 서울중앙지방법원 2019.05.29 2018가단5158856
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s new construction process, etc. 1) The Plaintiff, C, etc. is a multi-household house (E building Fdong, hereinafter “instant building”) with the first underground floor and the fourth floor above the ground on the lot outside D and one parcel in Pakistan-si.

(A) Around July 17, 2017, the construction of the instant building was suspended due to C’s locking around July 17, 2017. The Defendant, the owner of the said site, was the owner of the instant building, and the construction of the instant building (hereinafter “instant construction”).

(2) G continued to exist. 2) G is a person employed by the Plaintiff to manage the instant construction, and the Defendant had G resume the instant construction. On August 21, 2017, G drafted a letter of undertaking with the following content (hereinafter “instant letter of undertaking”).

For the smooth progress of construction works between the owner, the defendant and the on-site manager G directors for the resumption of the above construction site, the following commitments shall be signed and sealed:

1. Payment Arrangement - Amount of the designated construction cost - Amount of KRW 100 million: - Payment of KRW 50 million within one month after the resumption of the construction: Within one month after the completion of the construction (payment within seven days after the completion of the construction) - Payment Method: The defendant shall pay the amount to the Labor Expense Payment Ledger and the tax invoice and the designated account of G G requesting the submission of the invoice: 2. Performance Arrangement for the Matters of Special Agreement - Special Contract - Special Contract -

1.Agreements on the completion of responsibilities after the resumption of construction – Liability for any related lien and dispute;

-To act as a field manager in good faith until completion and sale in lots.

- manage the progress of the work in accordance with the design documents of this construction project and may annually report to the defendant a work log and supervise the work.

2. On-the-spot authorization and permission related to the site and keeping and submission of all documents related to the expense expenditure - All documents related to the site shall be submitted at the request of the owner;

3. The defendant.

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