beta
(영문) 수원지방법원안산지원 2014.07.31 2013가합4484

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2012, the Defendant: (a) concluded a contract for the construction of secondary industry (hereinafter “non-party company”); (b) the construction of two buildings (hereinafter “instant construction”); (c) the construction name “D Urban Residential Housing Construction”; (d) the construction period from April 31, 2012 to August 30, 2012; and (d) the construction price of KRW 1,15,000,000 (including value-added tax).

(hereinafter “instant contract”). (b)

Around October 8, 2012, Nonparty Company subcontracted to the Plaintiff the completion of the interior works of this case during the construction period of KRW 275,000,000 (including value-added tax) and the construction period from October 8, 2012 to November 25, 2012.

(hereinafter referred to as the “instant subcontract”). [Ground of recognition] The fact that there is no dispute, entry of evidence Nos. 1, 3, and 8, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion was completed, but the Nonparty Company paid to the Plaintiff the sum of KRW 604,798,000 and value-added tax of KRW 18,000,00 including the instant construction work, and KRW 230,000 out of the aggregate of KRW 622,798,000 including the instant construction work. The Plaintiff, Nonparty Company, and the Defendant agreed to pay the Plaintiff the remainder of KRW 275,000,000 (including value-added tax) and the additional construction cost of KRW 28,00,000 (including value-added tax) and KRW 303,00,000 in total, KRW 303,000,000 in total, and the remainder of the subcontracted construction cost of KRW 89,798,000,000, in lieu of the claim for the construction payment to a third party in separate field, and thus, the Defendant agreed to pay the Plaintiff the remainder of the transferred construction price as evidence (i.