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(영문) 서울서부지방법원 2014.09.26 2013가합2863

공사대금반환

Text

Defendant Thai Construction Co., Ltd., Ltd., as to the plaintiffs, 208,394,000 won and its related thereto, from September 28, 2012 to April 1, 2013.

Reasons

Basic Facts

The Plaintiffs are married couple, and Defendant C and Nonparty D, E, and F are owners of G big 561m2 in Mapo-gu Seoul Metropolitan Government (hereinafter “instant building owners”).

On January 26, 2012, the instant building owner entered into a contract on construction of a new design center on the said ground (hereinafter “instant construction”) with Nonparty C General Construction Co., Ltd. (hereinafter “CH Construction”) by setting the construction cost of KRW 1.43 billion (including value-added tax) and the construction period from February 1, 2012 to August 30, 2012.

[Grounds for recognition] In the absence of dispute, CHConstruction’s claim against the plaintiffs in Gap evidence Nos. 3 and Eul evidence Nos. 1, CH Construction, among the instant construction works, subcontracted the instant reinforced concrete construction works (hereinafter “instant aggregate construction”) to the defendant Tae-song Construction Co., Ltd. (hereinafter “Defendant Tae-song Construction”) and subcontracted this to the plaintiffs again, and the plaintiffs agreed to settle the progress payment at KRW 218,394,000 through the non-party H, the agent of the defendant Tae-song Construction, after completion of the instant aggregate construction up to the fifth floor. The plaintiffs agreed to settle the progress payment at KRW 218,394,000 through the non-party H, the agent of the defendant Tae-song Construction, which was transferred from the plaintiff C to the account of the plaintiff Nos. 10,000 on September 28, 2012.

The plaintiffs were delegated by the defendant Thai Construction and CH Construction and notified the plaintiffs that they would pay the construction cost to the defendant C, and the defendant C agreed that the defendant C would pay the construction cost to the plaintiff through the non-party I, who is the representative, when the progress of the pelvis construction in this case was delayed. In accordance with the settlement agreement for the defendant Thai Construction, the plaintiffs exercised the right to claim the construction cost delegated by the defendant Thai Construction and CH Construction, the direct payment agreement for the pelvis and the fair payment of subcontract transactions.