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(영문) 수원지방법원 2020.01.16 2018가합22216

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (1) C (hereinafter “C”) has completed business registration with the trade name “F” in his original wife E, and continued to engage in light-weight aggregate construction business with the trade name “G” that has completed business registration in the future of the Plaintiff, and subsequently, he/she has been awarded a subcontract for 14 construction sites as shown in the attached construction work details from around 2013 to 2017 by the Defendant from around 2017.

(2) At around 2017, at the same time, C, E, Plaintiff, and Defendant gathered and jointly operated by C and E, and agreed upon the contractual status of “F” related to subcontracted projects by the Defendant and the “G” jointly operated by C and the Plaintiff to acquire and succeed to such contractual status.

(3) Meanwhile, “F” and “G” are KRW 606,30,000 (666,930,000 if value-added tax is included) as indicated in the attached Table of Construction Works, as the sum of the construction cost subcontracted and subcontracted by the Defendant at 14 construction sites from the Defendant. Of them, the construction cost received from the Defendant is KRW 471,480,000.

(1) The Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 195,450,00 (=66,930,000-471,480,000) and damages for delay, after deducting the actual construction cost of KRW 471,480 from the construction cost of KRW 666,930,00,00, which was paid by the Defendant. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 195,450,00 (=66,930,000-471,480,000) and the damages for delay.

B. The defendant's assertion (1) does not know the plaintiff and there is no fact that the defendant directly subcontracted the construction work to the plaintiff.

(2) The details of the attached form asserted by the Plaintiff are subcontracted to C, which is the actual operator of F, and the Defendant did not have agreed to accept the contractual status of F, which is the contractual status of F, and that fact.