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(영문) 서울중앙지방법원 2017.06.21 2016가합529487

하도급대금 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. On June 14, 2013, B Co., Ltd. (hereinafter “B”) entered into a contract with the Defendant for the instant construction project (hereinafter “instant construction project”) under which the Defendant entered into a contract (hereinafter “instant contract”). A contract with the Defendant to enter into between the Defendant and B on the contract amount of KRW 178,282,124,00 (including value-added tax).

B. After that, B entered into a subcontract (hereinafter “instant subcontract”) with the content that the Plaintiff and the Plaintiff supplied the instant construction work to B.

C. On March 20, 2015, the Plaintiff, Defendant, and B agreed to pay directly the subcontract price under the instant subcontract to the Plaintiff, the subcontractor, who is the subcontractor.

(hereinafter “instant direct payment agreement”). D.

On the other hand, on April 7, 2015, B received a decision on commencing rehabilitation procedures from the Seoul Central District Court 2015 Gohap10070, and C was appointed as a custodian on the same day, and on February 3, 2016, the rehabilitation plan was approved.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 3 to 6, witness E's testimony and purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff supplied B with steel bars worth approximately KRW 2,500,000 according to the instant subcontract from October 2013 to January 2015, 2015. However, the Plaintiff supplied KRW 1,180,031,738 (hereinafter “the instant subcontract consideration”). However, the Plaintiff supplied KRW 2,50,000 to B from the subcontractor B as the sum of the supplied goods on January 2015 (hereinafter “the instant subcontract consideration”).

(2) The Plaintiff, the Defendant, and the Defendant, the subcontractor, are obligated to pay the instant subcontract price to the Plaintiff, and the Defendant, the subcontractor, is obligated to pay the Plaintiff the instant subcontract price. 2) The Plaintiff prepared and prepared a written confirmation of the receipt of construction cost that the Plaintiff received all the subcontract price by January 2015, but the Plaintiff did not submit the written confirmation of receipt. However, the Plaintiff’s direct subcontract price on February 2015 and March 2015, if the Plaintiff did not submit the said written confirmation to the Plaintiff.