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(영문) 청주지방법원 2017.04.05 2014가합4054
약정금
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. Basic facts

A. The Plaintiff concluded a contract for construction of multi-household housing (hereinafter “instant multi-household housing”) (hereinafter “instant construction”) on each land located in Seo-gu, Seo-gu and E (hereinafter “instant land”). On November 13, 2012, the Plaintiff entered into a contract for construction of a multi-household housing (hereinafter “multi-household housing”) and the construction of the instant construction (hereinafter “Dongddong Construction”) at KRW 1.6 billion with respect to the instant construction (hereinafter “Dongddong Construction”).

B. The F Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “F”) operated by Defendant C was awarded a subcontract for the instant construction project in the amount of KRW 1.475 million on November 26, 2012 from the Winter Construction.

C. On January 6, 2013, the Plaintiff: (a) drafted and issued a written waiver of performance and a written commitment to the Dongdaemun Construction to the effect that “the Plaintiff was unable to perform the construction work any longer because it failed to prepare the instant construction cost; (b) the Plaintiff renounced the instant land and superficies to the Winter Construction; (c) deliver all the documents pertaining to the instant construction to the Winter Construction; and (d) actively cooperate in the lending and sale of the loans to the Winter Construction; and (c) the Eastdong Construction shall pay the Plaintiff KRW 520 million to the instant land price, etc. within 15 days after the completion of the instant multi-household housing.”

On April 10, 2013, the Winter Construction Co., Ltd. drafted and issued to F a written waiver of construction to the effect that “F shall waive the instant construction work and bear all the responsibility incurred from the waiver of construction in the future.”

E. Meanwhile, on December 29, 2012, a leap Construction Co., Ltd. (hereinafter “leap Construction”) re-subcontracted the instant construction work with F in KRW 1.27 billion and completed the said construction work.

F. Of the instant multi-household housing (total 16 households), registration of ownership preservation was completed in the Plaintiff’s name on May 8, 2013 with respect to 101, 302, and 101, 401, and 161, and was based on sale on August 23, 2013 under Defendant B’s name.

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