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(영문) 서울서부지방법원 2017.04.12 2016가단240683

구상금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) B on September 30, 2005 for the construction payment against the Plaintiff’s Party B (hereinafter “Sjoon”).

(C) The apartment complex consisting of 499 units and C (hereinafter “instant apartment”).

2) The new construction project (hereinafter referred to as “new construction project of the instant apartment”).

(2) On January 20, 2006, the Plaintiff and the instant apartment construction works, among the new construction works, entered into a contract with the head of Si/Gun/Gu to perform construction works in KRW 19,057,100,000, and the head of Si/Gun/Gu to perform construction works in the instant apartment construction works (hereinafter “instant construction works”).

The Plaintiff entered into a subcontract with the purport that the Plaintiff will execute the construction work on January 20, 2006, with the construction cost of KRW 846,235,869, and the construction period of KRW 206, Aug. 31, 2006. 2) The said contract was terminated on July 10, 2006 when the new apartment construction work was in progress between B and Sejong, and the rent was in arrears around October 2006. As the Plaintiff filed an appeal with the Seoul High Court ordering 2005Da3864, Feb. 27, 2007, based on the Plaintiff’s direct claim against the ordering person under Article 14 of the former Fair Transactions in Subcontracting Act (amended by Act No. 7864, Mar. 3, 2006; hereinafter “subcontract Act”), but the Seoul High Court ruled that the Plaintiff was not liable for the payment of the construction cost of KRW 2950,508, supra. 208.

B. The Korea Exchange Bank (hereinafter referred to as the "Korea Exchange Bank") on October 19, 2005 shall be a joint stock company D on October 19, 2005.