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(영문) 서울동부지방법원 2017.09.27 2015가합110643

공사대금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) The relationship between the person ordering the parties concerned with the principal contractor (person sub-contractor) subcontractor (person sub-contractor) and the company related to the Plaintiff, Han-gu Construction Co., Ltd., the Defendant Han-gu Construction Co., Ltd., is as follows:

(hereinafter referred to as "stock company" is omitted). 1) Hyundai Construction and Spot Construction (hereinafter referred to as "Modern Construction") is all the description of each company.

(2) On August 30, 2013, the Defendant was awarded a contract with Hyundai Construction, etc. for D production works of the boiler (hereinafter “D”) among the said boiler construction works, and subcontracted it to the Sowing Industry on October 15, 2013. < Amended by Act No. 11904, Oct. 15, 2013>

On January 6, 2014, the Plaintiff was re-subcontracted with D works from the Han-gu Industry.

3) On December 26, 2013, the Defendant made E-production and installation works (hereinafter “E”) among the boiler construction works from Hyundai Construction, etc., and “D Corporation” and “E” among the instant construction works.

(2) On March 1, 2014, the Plaintiff subcontracted the instant construction site management and supervision on behalf of the Plaintiff from the end of October 2014 and directly paid a part of the construction price to the subcontractor. (c) On May 25, 2015, the Plaintiff re-subcontracted the construction work from the Han-gu Industry on May 7, 2014.

on November 27, 2015, each assignment of claims.