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(영문) 서울중앙지방법원 2014.02.13 2012가합95832

공사대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Defendants, on May 2, 2010, ordered D a contract for the extension and remodeling of a building in Dongjak-gu Seoul Metropolitan Government E (hereinafter “instant construction”) for construction cost of KRW 970 million.

D The F Co., Ltd. (hereinafter referred to as “F”) will undertake the instant construction project through the F Co., Ltd. (hereinafter referred to as “F”), and the F subcontracted a considerable portion of the instant construction project to G Co., Ltd. (hereinafter referred to as “G”) on May 3, 2010.

Since June 30, 2010, the Plaintiff received a sub-subcontract of the stone construction work among the instant construction works, and continued the construction work.

G discontinued after the waiver of the construction work on December 6, 2010, and F discontinued after the waiver of the construction work on March 31, 2011.

Since April 201, the Defendants directly performed the remaining construction work during the instant construction work and completed the construction work.

In the process, the Defendants paid the construction cost directly to the Plaintiff, and had the Plaintiff perform part of the stone construction work during the instant construction work.

[Reasons for Recognition] Unsatisfy, Gap Nos. 1 and 2, Eul No. 1, the whole purport of the pleading

2. Determination

A. The Plaintiff’s assertion, Defendants, and D agreed that the Defendants paid the stone construction cost directly to the Plaintiff on January 31, 2011.

Therefore, the Defendants are jointly and severally liable to pay 94,061,530 won remaining after deducting KRW 32,50,000 for the construction cost incurred until March 31, 201 + KRW 95,462,60 for the construction cost incurred until March 31, 201 + KRW 31,098,930 for the construction cost incurred after April 1, 201) paid to the Plaintiff.

(75,962,600 out of them shall be jointly and severally liable with D).

Judgment

The facts as seen earlier and the result of the lawsuit claiming construction cost (Seoul Central District Court 201Gahap9066) filed against the Defendants [85,462,600 won for stone construction cost (the construction cost) for the construction work executed by D]