beta
(영문) 수원지방법원성남지원 2019.11.07 2019가단7647

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C signed a contract with E and the Defendant on December 29, 2017, subject to the construction period of construction from December 29, 2017 to February 28, 2018, and the construction cost of KRW 180,000,000, under the condition that the construction work for the new site D (hereinafter referred to as “D”) was completed.

B. On December 13, 2017, the Plaintiff was awarded a subcontract for steel framed construction in total at KRW 253,000,000 among the steel framed construction and new construction of F-based housing in Bupyeong-gu Incheon (hereinafter “F-type housing”) among D-type new construction works, and was further awarded a subcontract for the tetra plate construction and HG construction among D-type new construction works.

C. The Plaintiff completed the subcontracted construction work on January 2018.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion and the Plaintiff’s determination as to this case’s assertion were acknowledged in Suwon District Court Branch 2018Kadan210767 Decided November 2, 2018, the relevant civil case, “The Plaintiff is obligated to pay the said construction price to the Plaintiff, on the ground that “The Plaintiff is awarded a subcontract for construction work of D and F Housing in the period from December 13, 2017 to February 28, 2018, from December 13, 2017, to February 28, 2018,” and the Defendant is obligated to pay the said construction price to the Plaintiff.

Unless there are special circumstances, the facts acknowledged in the civil cases related to which it has been established may be a significant evidence in other civil trials, but the court shall also be legally allowed to acknowledge facts different from the facts recognized in the final and conclusive judgment by integrating other evidences together with the grounds for the final and conclusive judgment (see, e.g., Supreme Court Decision 2012Da4471, Nov. 29, 2012), and in light of the overall purport of the arguments in the items of evidence Nos. 7, 8, 9, and 10, the plaintiff is recognized to have entered into a subcontract with E for the steel framed of D Housing and F Housing, and the facts are recognized to have been merely entered into a subcontract with E, and only the items of evidence Nos. 5 and 6 are insufficient to reverse the recognition and there is no other counter-proof.

(c).