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(영문) 부산지방법원서부지원 2019.01.10 2018가합100798

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 9, 2012, the Plaintiff entered into a contract on construction works between the Plaintiff and the Defendant, setting the contract amount of KRW 3,135,00,000 (including value-added tax) and the contract period from June 13, 2012 to October 12, 2012, the Plaintiff entered into a contract on construction works between the Defendant and the Defendant, setting the contract amount of the Defendant’s construction works to be carried out under a contract with the Plaintiff at KRW 3,135,00,000 (including value-added tax).

(hereinafter referred to as the “instant contract” and the contract entered into thereunder is called the “instant contract”;

B. The Plaintiff’s payment of construction cost and the Plaintiff’s subrogation following the discontinuance of the instant construction work: (a) according to the Defendant’s execution of the construction work based on the instant contract, the Plaintiff directly paid KRW 570,00,000 to the Defendant for a total of KRW 570,000 from June 8, 2012 to July 22, 2013; and (b) from June 15, 2012 to July 22, 2013, the Plaintiff agreed to provide KRW 2,565,00,000 to D Co., Ltd. for a total of KRW 3,135,00,000 (i.e., KRW 570,000,000,0000) to D Co., Ltd. to pay the Defendant for a notarial deed 20,0000,000 for a notarial deed that was executed by the Defendant for a loan of 20,300,0000.

3. The plaintiff is the case to E prior to the payment by subrogation for the defendant's subcontractor's obligation.