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(영문) 부산지방법원동부지원 2019.11.27 2018가단6572

공사대금 등

Text

1. The Plaintiff:

A. From June 26, 2018, Defendant G:36,000,000 won and its related thereto:

B. Defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a person who engages in construction business under the trade name of “H”. 2) Defendant E is a building owner who newly constructs J-living housing on the ground of Busan Southern-gu.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(4) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company awarded a subcontract for the said new building from Defendant C.

B. On May 18, 2017, the Plaintiff entered into a contract for construction and the progress of construction works, and the Plaintiff entered into a contract with Defendant B to perform steel and concrete construction works among the said new construction works (hereinafter “instant construction works”).

As to the construction cost of KRW 47,00,00 (excluding value-added tax) and the period from May 18, 2017 to June 30, 2017, subcontract was received (hereinafter “instant construction contract”).

(2) After that, the Plaintiff completed the remaining construction except for the removal of temporary materials during the instant construction.

3) The Plaintiff was paid KRW 15,00,000 among the instant construction cost. C. Defendant C, upon Defendant B’s request, drafted a written consent for direct payment (Evidence A 2; hereinafter “instant written consent for direct payment”) with the following content, and Defendant E affixed a seal as the guarantor, around July 2017.

The name of the construction project: The name of the new construction project of J-living Housing: B, the original recipient of the construction project above, agrees to the payment of the completed portion of the construction project in respect of the portion claimed for the completed portion of the steel and concrete.

Si Construction Project: C Primary Beneficiary Co., Ltd.: A project owner E2 around that time, the Plaintiff received a written consent from Defendant B to the direct payment of the position in this case and stated that “contractor” at the bottom of the project owner: and requested K Bank to pay the progress payment for the instant construction work directly to the Plaintiff; however, K Bank requested K Bank to pay the progress payment for the instant construction work to the Plaintiff.