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(영문) 서울서부지방법원 2018.05.18 2017가단211729

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) As the representative of the material production company “C”, the Plaintiff had patent technology related to retaining retaining walls and received a request for construction from a construction company, and it was not possible to directly conclude a construction contract because there was no soil license. 2) Therefore, the Defendant, who has a soil license, concluded a patent technology use agreement with the Defendant, and agreed to re-subcontract the Plaintiff with the remainder after deducting 5% of the construction cost from the original company.

3) According to the above agreement, around April 2014, the defendant introduced the plaintiff, as the introduction of the 2nd 3nd 2nd 5,596,80 won in the name of the defendant and the 3,146,016 won in corporate tax name with respect to the 2nd 2nd 3nd 3nd 2nd 3th 3th 2014, from the Hanjin Heavy Industries Construction Division, and from the 2nd 2nd 2nd 3nd 3th 3th 2015, from the 2nd 3rd 3rd 5th 3th 2nd 3rd 3rd 3rd 3rd 2nd 3rd 3rd 3rd 2nd 3rd 2nd 3rd 3rd 2014, the defendant did not pay the 54,613th 52nd 562nd 36,565th 3652nd 56th 365th 2nd 365

B. The Defendant’s assertion that the Defendant directly performed the instant 1 or 3 construction works upon contract, and did not re-subcontract to the Plaintiff.

The plaintiff has transacted with D and used patent technology to the above Corporation by obtaining the right to use patent technology owned by E, the father of the plaintiff, through D, and deposited part of the settlement amount into the plaintiff's account at the request of D during the settlement process.