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(영문) 창원지방법원 2016.12.01 2015나11070

공사대금 등

Text

1. Revocation of the first instance judgment.

All claims of the plaintiffs (appointed parties) and the designated parties are dismissed.

2...

Reasons

Basic Facts

Around April 2011, the Defendant contracted the construction of the construction of the ground and neighborhood living facilities in Kimhae-si Construction Co., Ltd. to the non-party Kimhae-si Construction Co., Ltd. and contracted the construction of the construction of the ground and neighborhood living facilities to the non-party F on July 201.

(hereinafter referred to as the “instant construction project” or “instant construction contract”. Contract amount: 200,000,000 won (excluding value-added tax): 100,000,000 won: Reference (hereinafter “the current status of mutual aid amount”) was separately prepared and attached to the documents attached thereto: 6,80,000 won (the total amount of mutual aid amount is 33,104,000 won): Plaintiff (Appointed Party; hereinafter “Plaintiff”) and Selection were awarded a subcontract for each part of the instant construction project from Nonparty G, a joint business proprietor, and Party D supplied necessary timber to the instant construction project at the request of G.

【Ground of recognition” without any dispute, Eul 5 and 7’s statements, and the purport of the entire pleadings, but the plaintiff sought payment of each money as stated in the purport of the claim on the ground that the defendant agreed on July 15, 201 to pay the construction price or timber directly to the plaintiff and the designated parties (hereinafter “the plaintiff, etc.”), and that there is no direct dispute between the plaintiff, etc., and the defendant, the defendant and the plaintiff, on the ground that there was no direct payment agreement between the plaintiff, etc., on the part of the plaintiff and the designated parties.

Plaintiff

The fact that the Defendant suspended construction work on July 18, 201 because it was not paid the construction cost by F or G, and the Defendant directly remitted the amount of KRW 1,00,000 to the Plaintiff on July 18, 201, and the amount of KRW 2,00,000 to the Appointor C is not in dispute between the parties, or recognized by the purport of the entire entries and arguments by B and E.

However, the entries and arguments of Gap 1, Eul 7, 11-4, and 12 are all made.