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(영문) 서울중앙지방법원 2012.11.29 2011가합61108

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 August 11, 2009, the Defendant drafted a subcontract agreement (hereinafter “instant subcontract agreement”) with C Co., Ltd. (hereinafter “C”) and the Gyeonggi-do Construction Headquarters with respect to the subcontracted construction of soil and structures (hereinafter “instant construction”) among the road expansion and packing works, with respect to which the subcontractor is the Defendant, subcontractor, from August 11, 2009 to August 222, 2011, with respect to the contract amount of KRW 10,606,200,000 (including value-added tax).

A contractor for the subcontract of this case is indicated as the "Defendant (80% of the shares)" and the "Large Heung Construction Co., Ltd. (20% of the shares)".

B. On September 2009, the Plaintiff prepared a written confirmation (other than wages and tax invoices) on September 2009, stating that “I will be held responsible for any tax disadvantage or other problem at the National Tax Service and the public institution’s expense” (hereinafter “written confirmation of September 2009”), and attached a written statement of the claim for the weather as of September 2009 to the instant written confirmation.

Even on October 1, 2009, November 1, 2009, and December 2009, the Plaintiff: (a) written confirmation with the same content as the instant written confirmation on September 2009; (b) “this case’s written confirmation from October 2009; and (c)” refers to the instant written confirmation from November 2009 to December 2009.

each written confirmation was prepared, and each written confirmation was attached to each written confirmation on October 2009, November 2009, and December 2009.

hereinafter referred to as the "written confirmation of this case" is referred to as the "written confirmation of this case," respectively, as the September 2009, October 2009, November 2009, and December 2009, respectively.

C. C. Upon receipt of each of the certificates issued by the Plaintiff on September 2009 and October 2009 with regard to the construction cost of the instant construction project, C paid equipment rent, wages, etc. to each of the equipment operators and workers, after obtaining a certificate of the Plaintiff’s personal seal impression from the Plaintiff on September 2009 and on October 2009. The three times of the instant construction project (on November 2009), four times (on December 209) and four times (on December 209).