beta
(영문) 서울중앙지방법원 2015.06.10 2013가단275003 (1)

공사대금

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. On March 30, 2009, B Co., Ltd. (hereinafter “B”) concluded a contract between the Defendant and the Defendant for the construction of the instant construction work at the site zone in the large exhibition (hereinafter “instant construction work”) with the content that the construction cost shall be KRW 815,443,00 (including value-added tax) and the construction period shall be determined from immediately after approval for the construction to two days after the completion of construction, and concluded a contract between the Defendant and the Defendant only for the construction period from March 31, 2009 to March 18, 2010.

B. After that, on November 30, 2011, the Defendant entered into a contract for transmission network construction works with the IMV Broadcasting Co., Ltd., the ordering person of the instant construction, with the content that the contractor of the instant construction is the contractor of the instant construction from B to the said IMV Broadcasting, and that the contract amount is increased to KRW 891,563,00 (including value-added tax).

C. After completion of all of the instant construction works, the Defendant received the construction completion payment from B on November 30, 2012, and received all the construction payment.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-1, 14-2, Eul evidence 6, 8, 9, 10, 11-1, 2-1, and the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) is concerned with the Plaintiff’s representative director C, and he listens to the fact that E (E) was awarded a subcontract for the instant construction from March 30, 2009 to the Defendant, and the construction period was set as KRW 774,670,850 (including value-added tax) and the construction period from March 30, 2009 to March 18, 2010, while performing the construction after re-subcontracting the instant construction, due to the internal circumstances of E, E-B- Defendant E- the Plaintiff would withdraw from the contractual relationship leading to the Plaintiff, and both the Defendant and the Plaintiff concluded a subcontract with oral intent to proceed with a direct subcontract for the instant construction.