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(영문) 서울남부지방법원 2019.03.21 2018나59425
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On August 14, 2014, the Plaintiff entered into a construction contract (hereinafter “the instant construction contract”) with the owner of the building, which newly constructs the instant building at the hospital located in the F and G ground of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) at the cost of construction KRW 6.388 billion (including value-added tax), and completed the instant new construction work on or around December 9, 2015.

B. On August 5, 2014, E and H, their father, concluded a lease agreement with Defendant B (hereinafter “Defendant B”) on the condition that all of the instant building and land will be leased KRW 3 billion and monthly rent of KRW 75 million (hereinafter “instant lease agreement”). The relevant part of the instant agreement is as follows.

Article 5 (Purpose of Use, etc.)

1. A lessor shall provide the lessee or the lessee with the object of lease by sufficiently reflecting the opinions of the lessees according to the purpose of use by medical facilities so that the lessee can achieve the purpose of use thereof, and by obtaining all kinds of authorization and permission necessary therefor;

In particular, the lessor should provide the following facilities, equipment, etc. so that the lessee or the lessee may establish and operate the hospital within the leased object:

(1) Water transformation equipment (700K or more), emergency power generation equipment (250K) and between floors. Two elevator units for 26 persons (ON/OF control function, fire prevention control function) (3) Water supply, water supply, water supply, water supply, drain, ventilation, telecommunications, urban gas construction (facilities and pipeline installation). (4) Installation of a medical waste water tank (5t) installation of a window-proof network for the windows of the outer wall of a building. (7) Installation of a multi-story double wall and double floor (3) installation of fire-fighting systems under the Act on the Completion of Building Construction.

3. The limit of the construction works shall be ① the structural frame of the building and the external finishing work, respectively.

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