logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.07.17 2013가합20565
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is as follows.

The Plaintiff entered into an agreement with the Defendant to pay KRW 470 million, out of the construction cost of 10,000,000 from the Dong Branch Co., Ltd. (hereinafter “Dong Branch Co., Ltd.”) who was subcontracted the parts of machinery and equipment and fire fighting construction from the Defendant to sub-subcontract the construction cost of KRW 370,00,000 (hereinafter “Dong Branch Co., Ltd”) (hereinafter “One Construction”) and the Defendant’s sub-subcontracted the construction cost of KRW 170,00,000 (hereinafter “C”), while the payment of the construction cost of the 20,000,000,000 from the Do Branch Co., Ltd. (hereinafter “Dong Branch Co., Ltd.”) was not possible, the Plaintiff entered into an agreement with the Defendant to exchange the 286,972,000,000,000 among the construction cost of 286,972,000 in preference to the Plaintiff.

However, since the defendant did not exchange the above 33.8 squaretel sales right with 51 squaretel sales right, the defendant is obligated to pay 190,028,000 won (477,000 won - 286,972,000 won) after deducting the value of the 33.8 squaretel sales right from 477,700,000 won, which is the value of the 51 squaretel sales right.

2. Determination

(a) the following:

In light of the circumstances such as the foregoing, it is insufficient to recognize the Plaintiff’s assertion that the Defendant’s statement on the evidence No. 1 (a certificate of fact-finding) merely based on the statement of the evidence No. 1 (a certificate of fact-finding) was the Defendant’s right to sell an 51 squaretel at 477 million won as payment in lieu of the price of the construction work in lieu of the payment in lieu

B. Rather, the Plaintiff filed the instant claim on the premise that the claim for construction cost of KRW 477 million remains, out of the total amount of the claim for construction cost of KRW 1 and 2,000,000, but the Plaintiff’s claim for construction cost of KRW 1 and 2,000, appears not to exist

In other words, ① priority is given.

arrow