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(영문) 부산지방법원동부지원 2019.06.12 2017가단202342

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 29, 2016, the Defendant and C issued a contract for the work of remodeling a F Hospital on the land other than 435,000,000 won (in the absence of any special reference to the value-added tax; hereinafter the same shall apply) and the construction period from May 2016 to July 15, 2016 to D.

B. On October 10, 2016, H, representing the Plaintiff, entered into a subcontract agreement with D on the following terms: (a) the contract amount of the 67,000,000 won during the remodeling project of the F Hospital; (b) October 10, 2016 to November 30, 2016; (c) the intermediate payment of KRW 10,000,000,00,00 for the remainder payment of October 27, 2016; and (d) the payment of KRW 57,00,000 for the repair project of the F Hospital (hereinafter “instant subcontract agreement”).

C. The Plaintiff received KRW 13,00,000,000, total of the construction cost of the instant case from D on October 27, 2016, and KRW 13,000,000,000 on November 15, 2016.

As the Plaintiff did not receive any balance of KRW 57,00,000 on November 15, 2016, which is the remaining payment date, the Plaintiff suspended the instant construction work.

E. After that, on December 9, 2016, the Plaintiff and the Defendant drafted a written agreement on the payment of construction cost as follows (hereinafter “instant agreement”).

(The following parts are written by the Defendant in writing). 1. Owner (Defendant, hereinafter the same shall apply) shall not pay any construction cost to the contractor (D) without agreement with G (Plaintiff, hereinafter the same shall apply).

2. When the owner pays the construction cost to the contractor (D), he/she shall require the owner to pay the construction cost directly to G under the agreement of the owner, contractor (D), G, and construction team;

- Total construction cost: 81,00,000 won (excluding value-added tax) - Primary contract portion: 67,000,000 won (excluding value-added tax):3.