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(영문) 대구지방법원 2015.05.15 2013가단818980

공사대금

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 22, 2010, the Defendant’s subcontracting landscape landscape for the Sungsung Afforestation Co., Ltd. (hereinafter “Masung Afforestation”) was awarded a subcontract by setting the construction cost as KRW 786,50,000 with respect to the “Landscaping construction work” performed by the Defendant as of December 22, 2010, and the completion period as of April 30, 201.

B. (i) On June 2011, Plaintiff A (D Company) was re-subcontracted on the part of the construction project, which was owned by Plaintiff A, with the re-subcontracting machine from the Sungsung Afforestation around 201.

B (E) On August 17, 201, Plaintiff B (E) was re-subcontracted with the part of the construction work pertaining to the installation of Capital, etc. among the above construction work.

C. (1) On February 11, 2011, the Defendant paid advance payment of KRW 157,300,000 to the Sung Afforestation, and thereafter, the period of construction has not been observed due to the circumstances of Sung Afforestation, the extension of the period of construction on several occasions on January 31, 2012, extended the period of construction until March 31, 2012. On March 8, 2012, the Defendant paid KRW 317,000,000 for the first portion of construction payment to Sung Afforestation.

Shemical landscape did not comply with the completion time limit, and the defendant paid the second progress payment of KRW 140,000,000 to the Sungsung on July 13, 2012, the construction could no longer proceed.

On July 27, 2012, the defendant notified his termination of the subcontract contract to the Sung-sung, and on September 20, 2012, the Sung-sung submitted a letter of waiver of the contract to the defendant.

In October 2012, the parties agreed to settle the accounts between the defendant and the Sung forest landscape (adden settlement).

- The appraised amount of the final other settlement of accounts: 684,00,000 won - The amount paid by the Defendant to the Sung Forest Landscaping : 614,30,000 won (i.e., advance payment of KRW 157,300,000 for the first time payment of KRW 317,000 for the second time payment of KRW 140,000 for the second time payment of KRW 140,000 for the second time payment of KRW 69,70,000: 684,000 = 614,30,000 for the second time payment of KRW 61,70,000 for the second time payment of KRW 61,700 for the reserve payment of KRW 0.