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(영문) 의정부지방법원 2018.10.30 2017가단131387

공사대금

Text

1. Defendant Mung-Gyeong Co., Ltd.: (a) KRW 22,60,00 for Plaintiff A, and KRW 12,100,000 for Plaintiff B, and each of them. < Amended by Act No. 15183, Dec. 2, 2017>

Reasons

1. Basic facts

A. On April 19, 2017, the comprehensive construction of Defendant Jeju-si was ordered by the Yangju-si to the C Corporation.

B. On May 1, 2017, the comprehensive construction of Defendant State was subcontracted in KRW 70,00,000 for the civil engineering works and water supply and sewerage construction works for both Korea and China (hereinafter “Defendant State”).

C. (1) From September 5, 2017 to October 28, 2017, Plaintiff A used a cherb in the instant field to carry out road horizontal coal operations, boundary seat operations, sign removal operations, ppuri operations, earth operations, waste A-concepting operations, and miscellaneous transport operations, etc., and Plaintiff B used 15 tons truck to carry out soil and sand transport operations, waste asphalt containers transport operations, miscellaneous transport operations, etc.

on October 31, 2017, Plaintiff A issued a tax invoice of KRW 22,660,000 on the comprehensive construction of Defendant Jeju, and Plaintiff B issued a tax invoice of KRW 12,100,000.

On October 30, 2017, the Defendant U.S., submitted a written waiver of the contract to Defendant U.S. General Construction.

【Evidence A’s Evidence Nos. 1 through 7, Eul’s Evidence Nos. 1, 6, and the purport of the whole pleadings

2. The assertion;

A. The Plaintiffs, at the request of Defendant Jeju National Construction or Defendant UB, had engaged in drilling work and truck work. Accordingly, they seek a selective payment for the construction cost against the Defendants.

B. The Defendant did not enter into a contract with the Plaintiffs, and the Defendant paid the subcontract price in full to the Defendant.

C. The Defendant did not enter into a contract with the Plaintiffs.

The Defendant’s obligation to pay the construction price to the Plaintiffs was extinguished by the direct non-compliance agreement between the Defendants.

Plaintiff

A The content of the instant claim in this case and the content requested by Nonparty E to the Defendant.

3. Determination

A. As to the comprehensive construction of Defendant Jeju National University, the Plaintiffs asserted that the contract was concluded with the Defendant General Construction Contract on the basis of the fact that F signed in the Field Manager column of the Work Certificate and the fact that the tax invoice was issued in the future.

However, the plaintiffs are defendants at the complaint.