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(영문) 서울남부지방법원 2016.02.04 2014가단69812

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. On June 25, 2013, Nonparty Co., Ltd., Ltd. (hereinafter referred to as “subsidiary industry”) entered into a construction contract, concluded a contract with the Defendant, the ordering person, as the contract amounting to three new construction works, such as Pyeongtaek-si’s working support group and an executive restaurant at Pyeongtaek-si’s working support group located in Pyeongtaek-si, the Defendant, as the ordering person, as the contract amounting to KRW 942,614,810 (amended by KRW 72,614,810 on April 25, 2014), and the contract period from June 25, 2013 to April 25, 2014 (amended by April 25, 2014).

B. On February 25, 2014, the Plaintiff entered into a subcontract agreement with the Plaintiff: (a) from the secondary industry, the principal contractor; (b) around February 25, 2014, the contract amount of swimming pool construction works from February 2014 to June 30, 2014; (c) was subcontracted during the construction period to the period from February 30, 2014; and (d) around March 25, 2014, the Plaintiff was awarded a subcontract with the period of 55,30,000 won during the said new construction works; and (c) from March 25, 2014 to July 26, 2014.

C. On February 25, 2014, the sub-state industry, the principal contractor of which submits a notification of subcontracting contract and a written statement of non-disclosure; and

3. Around 25, upon notifying the Defendant, who is the ordering person, of the conclusion of each of the above subcontracting agreements with the Plaintiff, each of the following documents are attached: “The subcontract consideration in a subcontract agreement between the contractor and the subcontractor based on the previous construction contract shall be in accordance with Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 14 of the Enforcement Decree of the same Act.”

The Defendant’s respective advance payment guarantee certificates for KRW 440,170,000, around June 26, 2013, for the Defendant’s Intervenor’s respective advance payment guarantee certificates for KRW 159,830,000, around June 28, 2013. Around that time, the Defendant issued a guarantee certificate for advance payment for KRW 159,830,000 from Seoul Guarantee Insurance and submitted the said advance payment guarantee to the Defendant on June 28, 2013.