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(영문) 서울남부지방법원 2018.06.19 2016가단48765
공사대금
Text

The plaintiff's claim against the defendants is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 14, 2014, the Plaintiff newly constructed the hospital building (hereinafter “instant hospital building”) on the F and G ground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and concluded a construction contract stipulating the construction cost as KRW 6.388 billion between the owner E and the owner of the building, and constructed the instant hospital building.

B. On the other hand, on August 5, 2014, a building owner E and Negation concluded a lease agreement with Defendant B to provide the whole of the instant hospital buildings and land in KRW 3 billion, monthly rent of KRW 75 million, but H and E concluded a lease agreement to provide the lessee with the design and construction by sufficiently reflecting the lessee’s opinion in line with the purpose of the medical facility.

Article 20 (Special Terms and Conditions)(3) of the above Lease Agreement provides that “The limitation of construction works shall be carried out by the lessor, including ① the building’s structural building and outer finishing studio, the underground floor and the rooftop, landscaping, ② the finishing of each floor’s stairs room, public toilets, and various SHFT, and the interior facilities construction, including ①, ② the interior facilities construction, including spatial machinery, electricity, telecommunication, and fire fighting, shall be implemented by the lessee.”

C. Defendant B contracted the interior work of the instant hospital building to I, and the supervision over the pertinent interior work was ordered to K in the General Building Office.

Since then, Defendant D is running the K Hospital by subleting the instant hospital building from Defendant D Co., Ltd.

E. Meanwhile, Defendant C operates the “La hospital” in the Jinju.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, 5, 6, 9, testimony of witness M and purport of whole pleadings

2. The Plaintiff’s assertion was conducted upon request from the owner of the instant hospital building and the Defendants for construction of the following details. After completion of the construction, the Defendants were from the 7th to the 3th floor of the MIM equipment.

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