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(영문) 인천지방법원 2015.06.19 2014가합2811 (1)

공사대금

Text

1. The Defendants jointly share the Plaintiff Fame Engineering Co., Ltd. with KRW 775,50,000 and KRW 366,00,000 for Plaintiff A.

Reasons

1. Basic facts

A. On August 22, 2011, the Defendant annual design Co., Ltd. (hereinafter “Defendant annual design”) entered into a contract with Dongju Development Co., Ltd. (hereinafter “Dongju-dong Development”) under which it would accept the “D (hereinafter “instant building construction”) construction works” on the ground of Incheon Strengthening-gun C.

The Defendant’s annual design concluded a contract with the Plaintiffs to re-subcontract part of the above construction work (hereinafter “re-subcontract of this case”) respectively.

The main contents of the sub-subcontract of this case are as follows:

[Attachment] Plaintiff Facul Engineering Co., Ltd. (hereinafter “Plaintiff Facul Engineering Co., Ltd.”) on September 21, 201, including separate value added tax on the contract price for the construction work as of the date of concluding the sub-contractor’s contract, and KRW 165,00,000 on October 4, 201, 201, KRW 420,000 and KRW 120,000,000 on October 5, 201, 201, totaling KRW 705,000,000,000 for D facilities around September 201, 201, Plaintiff A around September 20, 201, KRW 360,000,000, KRW 396,000,000,000 for D Facilities Construction Co., Ltd. (hereinafter “D Electrical Construction Co., Ltd.”).

B. On October 14, 201, Plaintiff A entered into a modified contract with the content that the Defendant’s annual design and the construction cost shall be increased to KRW 500,200,000 from KRW 360,000,000. On April 30, 2012, Plaintiff A agreed to settle the construction cost at KRW 366,00,000 (including value-added tax) on the ground of the development of East-ju and partial completion of construction works.

C. On December 10, 2011, the Plaintiffs completed all the construction set forth in the instant sub-subcontract, and on December 20, 201, posted a banner on the instant building stating “from December 20, 201, during the exercise of lien, the date of possession, reputation engineering, E (Plaintiff A), and faithful electricity construction company”.

Defendant B’s association (hereinafter referred to as “Defendant church”) denies the fact that it entered into a contract with Defendant B’s annual design to contract “D’s new construction works” with the development of East-ju and Defendant B’s annual design, and on May 7, 2012.