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(영문) 수원지방법원안양지원 2019.11.29 2019가단1624

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Summary of the plaintiff's assertion

A. B Co., Ltd. and C Co., Ltd. (hereinafter referred to as “foreign Co., Ltd.”) subcontracted D Works from the Defendant (hereinafter “instant prime contractor”) to the Plaintiff on December 6, 2016. On December 6, 2016, the Plaintiff re-subcontracted the instant prime contractor construction work (hereinafter “instant prime contractor”) by setting the construction cost of KRW 1,047,200,000 and the construction period from December 6, 2016 to June 30, 2017.

B. The Plaintiff did not receive KRW 53,320,000, out of the construction cost, from the non-party company, even after completing the construction of the instant earth.

C. Accordingly, on January 28, 2019, the Plaintiff filed the instant lawsuit claiming direct payment of the subcontract price against the Defendant, and waivered all of the claim for the said construction payment after consultation with the Nonparty Company.

2. Accordingly, insofar as the Plaintiff asserts that all of the above claim for construction cost was renounced by himself, the Plaintiff’s claim in this case is dismissed as it is without merit. It is so decided as per Disposition.