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(영문) 인천지방법원부천지원 2014.09.17 2014가단4998

공사대금

Text

1. The defendant Si Corporation shall pay to the Plaintiff KRW 21,00,000 as well as the interest rate from February 18, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On June 17, 2011, Defendant Newan Co., Ltd. (hereinafter “Defendant Eastan”) and Defendant East East Construction Industry Co., Ltd. (hereinafter “Defendant East Construction”) were ordered to construct B (hereinafter “instant construction”) from the Kimpo-si Corporation, and on April 15, 201, Defendant Newan and Newan Construction Co., Ltd. (hereinafter “Defendant Si Corporation”) were subcontracted for the instant construction works by Defendant Eastan Construction Co., Ltd. and Defendant Eastan Construction.

B. On April 10, 2013, the Defendant City Corporation drafted a subcontract agreement for the instant construction works with C, and D prepared a contract for the installation of three types of facilities, other than wood construction works, among the instant construction works, on April 2, 2013. On August 1, 2013 between E and E, the Plaintiff, who operated F, completed the said film construction works on a written subcontract for the construction works, with the payment of KRW 14,135,00, and the period from August 1, 2013 to September 31, 2013. < Amended by Presidential Decree No. 24678, Oct. 29, 2013>

[Reasons for Recognition] Nos. 1, 2, and 1 (including additional numbers) are not disputed between the parties, or described in Gap No. 1, 2, and 1

2. The parties' assertion and judgment

A. The parties’ assertion asserts that the Plaintiff is obligated to pay the construction cost to the Plaintiff by November 5, 2013, since the Plaintiff completed the film construction work under a subcontract for the instant construction work directly from the Defendant C&D, and that the Defendant C&D and the Defendant C&D agree to pay the construction cost of KRW 22,00,000 by November 5, 201, when settling accounts for the construction cost with the Plaintiff and the Defendant C&D and the Defendant C&D, the Defendants are obligated to pay the remainder of KRW 21,00,000 among them to the respective Plaintiff.

As to this, the Defendant: (a) did not have subcontracted the film construction work among the instant construction works to the Plaintiff; and (b) agreed to pay the construction cost directly to the Plaintiff on November 5, 2013, while settling the film construction cost.