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(영문) 전주지방법원군산지원 2014.11.27 2013가합11234

공사대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. In around 2012, Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) entered into a contract with Defendant Han River Construction Co., Ltd. (hereinafter “Defendant Han River Construction”) and same-sex Construction Co., Ltd. (hereinafter “Defendant Han River”) as joint contractor with respect to the said construction, and the said joint contractor entered into a subcontract with Defendant Jeon River Construction Co., Ltd. (hereinafter “Defendant Ho Construction”) with respect to the said construction and reinforced concrete construction during the said construction with the approval of Defendant Han River Construction.

B. On July 10, 2012, Defendant Sejong Construction entered into a sub-subcontract (hereinafter “instant contract”) with the Plaintiff (E Company) for the construction cost of KRW 790,000,000 (if a claim is made on July 25, 201 for value-added tax, value-added tax separate, and base tax, it shall be paid on the 20th of the following month).

(Plaintiff B had registered the E company under the name of Plaintiff A, her mother, and had been operating the actual place of business. With respect to the above contract, Plaintiff A entered into the contract as Plaintiff A’s agent and started the construction work, and Plaintiff A did not have any way regarding the instant construction work.

Plaintiff

B On January 14, 2013, Defendant Sho Construction made a notarized statement to the effect that “this case’s construction work becomes smooth and Defendant Shoho Construction makes it difficult for the Plaintiff A to carry out the construction work during the implementation of the facility construction work, and Defendant Sho Construction is carrying out the construction work in cash each month. As such, the construction work could not be carried out smoothly and may cause material damage to the construction site at the construction site, and if the construction is not completed, the chos (F) owned by the Plaintiff A shall be replaced by the security of Defendant Sho Construction. The chos (including approximately KRW 20,000,000,000,00,000, which is an auxiliary device, shall be KRW 50,000,000.”

Plaintiff

B, 2013.