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(영문) 서울중앙지방법원 2016.05.27 2015가단5293574
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 3, and 4-1 to 6.

The plaintiff is a company specializing in manufacturing, installing, repairing, etc. of elevators, and the defendants are the owners of Gangnam-gu Seoul Metropolitan Government Cbuilding.

B. On March 25, 2013, the Plaintiff and the Defendants entered into a contract for the instant contract for the replacement of elevators in building (hereinafter “instant contract”). The content of the instant contract related to the instant case is as follows.

A contract for the manufacture and installation of two elevators, which is accompanied by the letter of contract in this case, shall be as shown in the attached Form.

Defendant National Bank Co., Ltd. (a trust business entity referred to in subparagraph 1 of the Labor House Private Equity Real Estate Investment Trust 1; hereinafter referred to as the “Defendant National Bank”), Defendant Labor Unit Asset Management Co., Ltd. (a collective investment business entity referred to in subparagraph 1 of the Labor House Private Equity Real Estate Investment Trust 1; hereinafter referred to as “Defendant Labor Management”), Defendant B, Defendant A (hereinafter referred to as “A”), and Plaintiff (hereinafter referred to as “B”) enter into a contract for construction works as follows:

- - The construction site for the replacement of C-building Elevators (hereinafter “instant construction”): the contract amount of Gangnam-gu Seoul Building Construction from April 10, 2013 to September 9, 2013: 123,00,000 won (excluding value-added tax) to the owner of each share of the contract amount of KRW 123,00,000 (value-added tax): Defendant National Bank, Defendant A, B41,340,300 won in aggregate of KRW 123,00,000 for each share of the contract amount of KRW 81,659,70 in operation of Defendant National Bank, Defendant A, B41,340,300 in total of KRW 123,00,000 (payment of the contract amount)

(a)The schedule for the payment of the construction amount shall be as follows:

30% contract of the total contract amount of the specific contract deposit, and 30% of the total contract amount of the first intermediate payment within 10 days after the design becomes final and conclusive, when the second intermediate payment commences for 30% of the total contract amount of the second intermediate payment, 10% of the total contract amount.

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