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(영문) 부산지방법원 2015.01.22 2014가단58098

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As between September 10, 2013 and B, the Defendant concluded a construction contract with the purport that B shall subcontract the other construction cost of KRW 1,009,560,000 among the new construction works of Jinju 1 District 4BL multi-family housing (hereinafter “instant construction contract”).

B. The main contents of the instant construction contract are as follows.

The supply value shall be KRW 1,009,560,000, which is the amount obtained by deducting 6% from the management expenses and general expenses of the head office, corporate tax, etc. at 1,074,000.

All of the expenses, such as labor cost, transportation cost, equipment cost, food cost, and fourth insurance required for the construction work, shall be included in the construction cost.

B All the materials required for the work shall be borne by the Corporation.

B shall submit to the defendant the monthly wage and the details of expenses to be paid each month before the payment for the completed portion is received, and the defendant shall be immediately treated.

If B is in arrears with wages, material expenses, food expenses, expenses, etc. for the construction work in question, the defendant shall immediately pay them, and if the amount in excess of the agreed amount, B shall pay it to the defendant within 15 days.

The liability for wages, materials, food expenses, and expenses after the settlement of construction expenses for the agreed amount shall be all borne by B.

C. B commenced a construction project on October 2013 and proceeded with another construction project, and suspended the construction project on January 31, 2014.

As a result of the actual inspection conducted on January 31, 2014 by the Hanjin Industries Co., Ltd. (hereinafter “ Hanjin Industries”), which is the prime contractor, by January 31, 2014, the total progress payment for the other company was added to KRW 397,00,000.

E. For the period from the end of October 2013 to January 31, 2014, the amount that the Defendant directly paid at the request of B with respect to the wages for the seal re-subcontracted by B is KRW 335,135,300, and the amount that the Defendant directly paid at the request of B is KRW 85,382,820, and the amount equivalent to 6% of the amount that the Defendant directly paid at the request of B is 23,820,000.

The above-mentioned total amount is above D.

shall exceed the total progress payment under subsection (1).

(f).