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(영문) 서울중앙지방법원 2020.07.14 2019가단5109493

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Facts of recognition

On January 14, 2016, the Defendant concluded each contract (hereinafter “instant contract”) with the Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) with respect to the new construction work of the 1,155,00,000 multi-family housing with 16 Dong units (hereinafter “instant multi-family housing”) on the Do Government-si D and E ground (hereinafter “instant multi-family housing”). On January 20, 2016, the date of commencement, January 20, 2016, and June 20, 2016, with respect to each of the instant construction works (hereinafter “instant construction work”).

The contract of this case was signed by Plaintiff B on behalf of the Plaintiff Company, and Plaintiff B signed and sealed the contract of this case as joint and several sureties.

According to the terms and conditions of the instant contract, the Defendant made a prior payment of KRW 100 million within two days after the date of the instant contract, and additionally paid KRW 100 million upon completion of the second floor slive slive slives, and supplied KRW 100 million to the Defendant F Co., Ltd. (hereinafter “F”), which is represented by the Defendant, and the remainder of the construction cost shall be borne by the contractor, and the total construction cost shall be settled on the outstanding payment date of the purchase price.

The defendant obtained approval for use on July 27, 2016, and on August 18, 2016, for 8 households from sunrise among multi-family housing in this case.

Plaintiff

On June 30, 2016, the Company transferred KRW 60,000,000 out of the claim for the construction price of this case to Plaintiff B, and upon delivery of a duplicate of the complaint of this case to the Defendant on May 23, 2019, the Company notified the Defendant of the fact of assignment of claim.

[Ground of recognition] On the premise that there is no dispute, Gap evidence Nos. 1, 5, 7 (including each number; hereinafter the same shall apply), Eul evidence Nos. 5, and Eul evidence Nos. 5, and the allegations by the parties concerned in the purport of the whole pleadings exceed 60,00,000 won, the plaintiffs are primarily assigned from the plaintiff company 60,000 out of the construction price claim of this case.