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(영문) 서울중앙지방법원 2020.04.10 2018가합580684

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 25, 2014, the Defendant entered into a contract for construction works (hereinafter “instant construction contract”) with B Co., Ltd. (hereinafter “B”) under the terms “C New Construction Works” (hereinafter “New Construction Works”) with respect to the contract amount of KRW 3,235,026,680, and the contract term from June 25, 2014 to April 24, 2015 (hereinafter “instant construction contract”).

After that, the term of completion of the instant construction contract was changed to November 20, 2015 on the ground of the extension of construction period according to the reflection of the design modification.

B. B entered into a subcontract agreement with the Plaintiff on January 6, 2015, stipulating that construction cost of KRW 418,00,000 for drainage and reinforced concrete construction (hereinafter “instant subcontracted construction”) among the instant new construction works contracted by the Defendant (hereinafter “instant subcontracted construction”) and May 31, 2015 for the period of completion, and entered into a contract with the Plaintiff on May 26, 2015 for the change of the construction cost of KRW 425,70,000 for the said subcontracted construction contract and the period of completion by November 20, 2015.

(hereinafter referred to as the above subcontracting contract and modified contract are referred to as the "each of the subcontracting contracts in this case".

B From August 25, 2015 after entering into each of the instant subcontracting contracts, around August 25, 2015, the Defendant submitted to the Defendant a document (C-6) stating that the results of the subcontract agreement with the Plaintiff are notified, along with three copies of the subcontract agreement notification (C-6-1), written consent of direct payment of subcontract consideration (C-6-2), written guarantee (C-6), and the form and content of the “written consent of direct payment of subcontract consideration” attached to the notification of the results of the said subcontract agreement are as follows.

C-6-2 Written Consent of Subcontract Consideration in Direct Consent of Subcontract Price

1. Current name: C Facility construction;

2. Name of subcontracted construction: reinforced concrete construction works;

3. Total amount of n.e., approximately 425,700,000 won n.e., n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.s.

Address of 26 May 2015: