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(영문) 수원지방법원성남지원 2020.08.18 2020가단1652

공사대금 등

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Plaintiff

The main point of the assertion is that the Plaintiff contracted the F golf club Construction Work (hereinafter “instant construction work”) in Gwangju City with D Co., Ltd. (hereinafter “D”), and Defendant B promised to pay the construction cost of the instant construction work to the Plaintiff. Defendant C, as the owner of the building, is obliged to pay the subcontract price directly to the Plaintiff at least twice the subcontract price paid to D.

Therefore, the Defendants are jointly and severally obligated to pay the construction cost stated in the purport of the claim to the Plaintiff.

2. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 21 (including paper numbers), namely, ① Defendant B entrusted the Plaintiff with the construction of the instant FF golf club construction outside of the instant construction project, and Defendant B paid all the said construction cost, but there is no disposal document containing the terms of the contract or the payment of the construction cost between the Plaintiff and the Defendants with respect to the instant construction project. ② The Defendants did not receive a request for direct payment of the subcontract price as they delayed the subcontract price two or more times during the instant construction project, and the Defendants had already paid the subcontract price to D. The Defendants had already been already paid the construction price to D. ③ The Plaintiff requested the Plaintiff to pay the construction price exceeding the amount stated in the instant payment order under the court Nos. 2017Hu1484, and the Plaintiff requested the Plaintiff and the Defendants to receive the payment order under the agreement between the Plaintiff and the Defendants for the payment of the construction price in the instant case.

Before the Defendants complete the payment of the construction cost of the instant construction project to D, the Plaintiff had against the Defendants.