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(영문) 수원지방법원평택지원 2016.06.17 2014가단14011

양수금

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 September 23, 2013, the Defendant awarded a contract for the construction work of the Seongbuk-ro Logistics Center from the Gyeyang Logistics Co., Ltd., and subcontracted the construction work of the said construction work to the KCCK Construction Co., Ltd. (hereinafter “Small Company”) for the said construction work with a price of at least 3.3 billion won.

(hereinafter “instant contract”). (b)

On or before December 31, 2013, the Plaintiff received sub-subcontracts from the non-party company for the package construction of the instant construction (hereinafter “instant subcontract”) and completed the construction on May 30, 2014, but did not receive KRW 75,071,700 out of the construction price.

C. Around July 25, 2014, Nonparty Company transferred KRW 75,071,700 (hereinafter “instant transfer”) out of the instant contract price claims against the Defendant of Nonparty Company to the Plaintiff Company (hereinafter “instant transfer of claims”), and the instant transfer of claims reached the Defendant around July 28, 2014.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 8 (including a tentative number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is the non-party company’s total construction cost of KRW 4,037,713,440 in addition to the instant construction work. The Defendant paid KRW 3,546,40,00 to the non-party company. As such, the non-party company’s claim for the unpaid construction cost against the Defendant is KRW 491,313,440 (= KRW 4,037,713,440), - 3,546,40,000).

The Plaintiff acquired the claim of KRW 75,071,70 from the non-party company regarding the claim for the payment of the contract price of this case. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 75,071,70 and the delay damages therefrom.

B. The defendant's arguments are as follows: (a) the construction cost calculated according to the instant construction and additional construction by the non-party company is KRW 3,546,400,000 in total; and (b) the defendant shall pay for the completion to the non-party company KRW 3,063,50,000