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(영문) 의정부지방법원 2018.04.18 2016가단38511

공사대금

Text

1. The plaintiff's succeeding intervenor's 60,070,448 won and the plaintiff's 60,070,448 won among the lawsuits against the defendant's succeeding intervenor.

Reasons

1. Facts of recognition;

A. On June 25, 2016, Defendant Espop (hereinafter “Defendant Company”) contracted “D Corporation” from C University on August 15, 2016 with the cost of construction at KRW 1.178 million and the due date of completion at August 15, 2016. On July 4, 2016, Defendant B and the foregoing construction, “the instant subcontracted project” is deemed as “the instant subcontracted project.”

On August 15, 2016, the subcontract contract was concluded with the amount of the construction cost of KRW 385 million and the deadline for completion of construction.

B. On July 26, 2016, Defendant B, the former Plaintiff, and Defendant B, “B,” the part of the non-design and waterproof construction among the subcontracted construction in the instant case, refers to the re-subcontract construction in the instant case.

(C) A construction contract was concluded with respect to the Plaintiff for a construction project that re-subcontracts the instant subcontracted project amounting to KRW 91.8 million. Defendant B performed the instant subcontracted project and suspended the construction project on August 17, 2016. D. Defendant B paid KRW 38.5 million to Defendant B as advance payment on July 8, 2016, and KRW 100 million as construction cost on July 29, 2016, and Defendant B paid KRW 30 million as construction cost. E. Meanwhile, during the instant lawsuit pending, E transferred the Plaintiff’s claim to the succeeding Intervenor and received notice of the Defendants’ assignment of the claim to the Defendants. 【No dispute is found, Party B’s evidence Nos. 1, 4, 5, and Party B’s evidence Nos. 1 and 5 (including the serial number, hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The assertion and judgment

A. The summary of the parties’ assertion 1 E completed the instant sub-subcontracting construction from Defendant B, and completed the toilet brick construction due to the additional construction. As such, the above Defendant paid 121,870,518 won and delay damages to the succeeding intervenor, who received the payment of the construction cost from Defendant B, with the exception of KRW 30,634,500,000,000,000 paid for the re-subcontracting construction cost, and KRW 121,870,448,000,000 for the remainder of the materials cost, excluding KRW 30,000,000,000 for the re-subcontracting construction cost.