logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.08.08 2017가단546220
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) On April 30, 2015, C Co., Ltd. (hereinafter referred to as “C”) was contracted with the Defendant for construction work of constructing a multi-family house with three floors above ground and one story underground (hereinafter referred to as “instant construction work”) from the Defendant during the construction period of KRW 500 million and the construction period of KRW 100 million from May 12, 2015 to August 12, 2015.

(hereinafter referred to as the “instant contract”). Under the instant contract, the rights and obligations arising from the instant contract may not be transferred or delegated to a third party, except where the consent of the other party and the consent of the guarantor is obtained.

(Article 29). (b) of the contract.

C On March 7, 2017, the Plaintiff entered into a lien due to the instant construction project and an agreement on the assignment of claims of KRW 260,000,000,000,000,000, which is the secured claim, and notified the Defendant of the assignment of claims on March 23, 2017.

C. On August 2017, the Plaintiff, the Defendant, and C drafted a written agreement (hereinafter “instant agreement”) as follows:

Article 2 (Relationship between the Plaintiff and the Defendant) (1) The Plaintiff acquired KRW 260 million from C, the contractor of the instant construction project, 20 million.

The plaintiff, the defendant, and C confirm that the amount of the remaining claim for the construction cost is KRW 250 million.5 billion.

(2) The defendant shall approve the assignment of claims above.

Article 3 (Matters Agreed) (1) Reduction of the construction cost to KRW 45 million, and the amount of unpaid claims that the defendant shall pay to the plaintiff shall be KRW 210 million.

② The Plaintiff shall perform the attached defect repair work.

Article 4 (Obligation of Defendant) (1) The Defendant shall, without delay, pay to the Plaintiff 160 million won out of the payment of the construction price finalized by the agreement on this case.

(2) The defendant shall establish chonsegwon for the new building of this case and pay deposit for lease on a deposit basis to the plaintiff immediately after receiving deposit for the lease on a deposit basis.

Provided, That if the plaintiff fails to perform the attached defect repair matters, he/she shall repair the defects at the defendant's expense and compensate for damages.

arrow