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(영문) 서울북부지방법원 2015.05.15 2014가단41527

공사대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On the ground of Eunpyeong-gu Seoul Metropolitan Government, the Defendant concluded a contract with D as of December 15, 2013, under which the owner of a new construction project for urban-type housing (hereinafter “instant new construction project”) was designated as the owner of the new construction project of Eunpyeong-gu, Seoul as his/her agent and entered into a contract with EconstructionF for the completion of the instant new construction project as of KRW 2,300,000, and the completion completion date of the new construction project.

In the above contract, F cannot suspend construction without the consent of the defendant, and when it comes to run, F shall waive all the construction authority and withdraw it at the site from the day after seven days from the suspension of construction.

B. The Defendant had a proxy prepare a lease agreement on No. 201, No. 202 and No. 203 of the building that will be newly constructed as security for the payment of the construction price, and issued a certificate of seal impression.

C. However, F suspended construction, and waived the construction authority regarding the instant newly built construction on January 2, 2014, and the instant urban housing was not yet completed due to the suspension of construction.

On the other hand, from G on October 31, 2013, the Plaintiff entered into a contract with G to receive progress payment of the total construction cost of KRW 145,00,000 from October 31, 2013 to December 31, 2013; and KRW 15,000,000 in advance; and KRW 45 percent in total once a month, respectively, within seven days after the conclusion of the contract.

(hereinafter “instant contract”) e.

The Plaintiff continued construction from November 2, 2013 to November 30, 2013, while not receiving advance payment from G, and notified G of termination on December 2, 2013.

F. The Plaintiff spent 8,534,00 won as labor cost during the above construction period, 8,138,754 won as price for the purchase of windows, and 1,400,000 won as price for the manufacture of fire doors, and upon entering into a contract for the purchase of stone and requesting the processing of stone to pay KRW 11,590,000 as price for the stone.

[Based on recognition] Gap evidence Nos. 1, 3 through 8, Eul evidence Nos. 1 through 5 (including paper numbers), and arguments.