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(영문) 서울남부지방법원 2017.05.17 2016가단257712

공사대금

Text

1. The Plaintiff, Defendant Gojin Construction Co., Ltd., the amount of KRW 21,200,000, and the guardian of Defendant Gojin Construction Co., Ltd., the amount of KRW 21,200.

Reasons

1. Determination on the cause of the claim

A. A. (1) Around May 2015, Defendant Master Construction Co., Ltd. (hereinafter “Defendant Master Construction”) contracted the construction of the construction of the Gangseo-gu Seoul Gangseo-gu Building (hereinafter “instant construction”) from a guardian, Inc. (hereinafter “Defendant guardian,”) and completed the construction on January 2016.

(2) The Plaintiff, who is engaged in mechanical facility business in the name of “C”, completed a subcontracted construction of mechanical facilities among the instant construction works, but was not paid KRW 11,200,000 for the remainder of the construction price from the Defendant Gojin Construction.

(3) On July 30, 2016, Defendant Gojin Construction transferred KRW 11,200,000, out of the instant construction payment claim that Defendant Gojin comprehensive Construction had with respect to Defendant Master Management, to the Plaintiff, and then sent to Defendant Master Management on the same day a written statement of “written request for direct payment of labor cost prime contractor” to Defendant Master Management, and notified the transfer of the said claim.

(4) Meanwhile, in addition to the instant construction site, the Plaintiff was awarded a subcontract for the installation of the D Parking Building in Namyang-si, Namyang-si, but was not paid KRW 10,00,000 out of the construction cost.

[Ground of Recognition] The plaintiff and the defendant Master Construction: Confession (Article 150(3) of the Civil Procedure Act), the plaintiff and defendant guardian: The plaintiff and defendant guardian: The facts not disputed, the entries in Gap evidence 1 through 13, and the purport of the whole pleadings

B. According to the facts of the above recognition, barring any special circumstance, it is based on the ratio of KRW 21,200,000 to the Plaintiff, and KRW 11,200,000 of the above amount, jointly and severally with Defendant Master Construction, and KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 23, 2016 to the date of full payment, as the Plaintiff seeks.