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(영문) 수원지방법원안양지원 2017.09.01 2016가단114215

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff's assertion and judgment

A. Around May 2014 and June 2014, Plaintiff A performed construction by re-subcontracting from D Co., Ltd. with respect to air-resistant and temperature pipe construction among C’s facilities. On September 20, 2014, Plaintiff A performed construction by re-subcontracting the air-resistant pipe construction among E’s facilities from Defendant.

Around August 2014, the defendant succeeded to the claims and obligations related to D Co., Ltd. E and C facility works, and the defendant paid the construction price as C to Plaintiff A.

On the other hand, Plaintiff A established on December 31, 2014, and Plaintiff B acquired KRW 24,838,000 of the construction cost claim related to C Corporation and KRW 43,67,800 of the construction cost claim related to E Corporation.

The Defendant’s total sum of the construction cost that the Defendant did not pay to the Plaintiffs is KRW 90,505,800, and the Defendant is obligated to pay to the Plaintiff A KRW 22 million, KRW 68,505,800, and delay damages for the said money.

B. We examine the judgment, the evidence submitted by the plaintiff alone that the defendant acquired the obligation to pay the construction cost related to the above C to the plaintiff Eul and paid the above construction cost to the plaintiff Eul. It is not sufficient to acknowledge that the defendant re-subcontracted the above E-related construction work to the plaintiff Eul, and there is no other evidence to acknowledge it. Thus, the plaintiffs' above assertion based on each of the above facts is without merit without further review.

2. If so, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.