logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.11.19 2013가합53743
약정금
Text

1. The Plaintiff:

A. From September 17, 2013, Defendant Large Construction Industry Co., Ltd.: (a) KRW 169,150,000 and its amount.

Reasons

1. Facts of recognition;

A. On August 13, 2007, Defendant Daesan Construction Industry Co., Ltd. (hereinafter “Defendant Co., Ltd”) awarded a contract for the construction of D apartment on the ground (hereinafter “instant apartment”) (hereinafter “instant construction”) on a building site (hereinafter “instant apartment”) outside Pyeongtaek-gun, Chungcheongnam-gun, Gangwon-do, and one parcel of land (hereinafter “instant apartment”) to Dong-gun General Construction Co., Ltd., and Dong-gun General Construction Co., Ltd. awarded a subcontract for the instant construction project to Defendant B, who borrowed the name of Samsan Industrial Development Co., Ltd. (hereinafter “Tsan Industry”).

B. The Plaintiff was sub-subcontracted by Defendant B, which included the steel works among the above structural works (hereinafter “instant subcontracted works”), and re-subcontracted with the equipment excluding steel bars, concrete, temporary materials, expendable goods, etc.

C. From October 2007, Defendant B, through the Plaintiff, commenced the structural construction of the instant construction from around October 2007 to around December 2007, the construction was suspended due to the Plaintiff’s refusal of construction works.

From January 1, 2008 to July 31, 2008, Defendant B and Defendant Company newly concluded a contract for construction of the instant construction period of KRW 4,720,000,00 for the instant construction work. Around February 1, 2008, Defendant Company issued two households (701, 702, 702) out of the instant apartment of this case, so that the construction can resume with Defendant B’s financing.

Defendant B borrowed KRW 100 million from E as security the above sales contract No. 701.

E. In relation to the subcontracted project of this case, the Plaintiff paid the amount of ready-mixed, wooden wage, etc. to be paid by Defendant B on behalf of the Plaintiff, and on December 8, 2008, Defendant B promised to pay the Plaintiff KRW 105,000,000 to the Plaintiff by March 31, 2009 with the instant apartment construction cost, loan money, etc.

When the Plaintiff urged the payment of the above consideration, Defendant B was found to be in good faith and in good faith to the Plaintiff on September 21, 2009.

arrow