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(영문) 제주지방법원 2019.10.14 2019가단479

공사대금

Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 45,000,000 and KRW 40,000 among the Plaintiff, from April 1, 2018, and KRW 5,000.

Reasons

1. On March 31, 2017, Defendant E awarded a contract to Defendant Company for the construction of a new facility for elderly citizens in the Seocho-si (hereinafter “F Corporation”) at KRW 850,000,000 for the cost. Defendant Company awarded a contract to the Plaintiff, a personal business operator who performs a type mold and frying construction, for KRW 110,00,000 for the type mold and frying construction during the construction.

On March 2018, the Plaintiff completed a type mold and frut construction among F works, and did not receive KRW 40,000,000 out of the subcontract price.

G contracted the Defendant Company to build a new house of H (hereinafter “H”) at Jeju, and the Defendant Company subcontracted to the Plaintiff the type mold and franchis construction in KRW 65,000,000 among H construction.

In February 2018, the Plaintiff completed the type mold and frut construction among H construction, and did not receive KRW 5,000,000 out of the subcontract price.

[Grounds for recognition] The descriptions of Gap evidence 1, 2-2, Eul evidence 1, and the purport of the whole pleadings

2. According to the facts of finding the Plaintiff’s claim as to the Defendant Company, the Defendant Company is obligated to pay the Plaintiff the total amount of KRW 45,000,000,000 for each subcontracted work, barring any special circumstance.

The defendant company asserts that the total amount of the unpaid amount is KRW 42,00,000,000, which constitutes a defense that the defendant company paid KRW 3,000,000 out of the total amount of the unpaid amount. Thus, there is no evidence to prove the fact of the payment, and the above defense is without merit.

The defendant company also asserted that there are many defects in the plaintiff's construction work and that the defendant company inevitably delays the payment of the price because the plaintiff did not pay the remuneration or settle the cost of the remuneration. However, there is no evidence to acknowledge this, the above defense is without merit.

3. The Plaintiff’s claim determination as to Defendant E is demanding that Defendant E pay the Plaintiff KRW 40,00,000,00 for the type mold, food house construction during the F work jointly with the Defendant Company.

Dop. Dop.