공사대금
1. The plaintiff's primary defendant mobilization test company's claim is dismissed.
2. The defendant corporation.
1. Summary of the plaintiff's assertion
A. On March 6, 2016, the Plaintiff, as the primary Defendant mobilization test Co., Ltd. (hereinafter “Mobilization test”), was awarded a contract for the project to dismantle engine engines and to attend the meeting (hereinafter “instant construction”) from the South Jeju Coastal Power Plant Co., Ltd. (hereinafter “VE”) and completed the said construction project around March 6, 2016.
The payment of the above 34,936,780 won shall be sought.
B. Unless the instant construction agreement is acknowledged with the Plaintiff and the primary Defendant, the instant construction agreement was concluded between the Plaintiff and the Defendant Mobilization Creative Co., Ltd. (hereinafter referred to as the “ Mobilization Creative Co., Ltd.”) and the Plaintiff completed the said construction, and the Mobilization Creative Co., Ltd is liable to pay the said construction cost to the Plaintiff.
2. Determination
A. The evidence presented by the Plaintiff on the part of the claim against the primary defendant is insufficient to acknowledge that the construction agreement of this case between the Plaintiff and the mobilization test was concluded, and there is no other evidence to acknowledge otherwise.
The plaintiff's claim for this part is rejected.
(b) Provisions of Article 208 (3) 2 of the Civil Procedure Act applicable to the portion of claim against the conjunctive defendant: Article 208 (3) 2 of the same Act;
3. The conclusion is that the conjunctive Defendant Mobilization Co., Ltd. is liable to pay to the Plaintiff damages for delay at the rate of KRW 34,936,80 of construction cost and KRW 15% per annum under the Civil Act from October 13, 2016 to April 17, 2017, which is the delivery date of a copy of the complaint of this case and an application for correction of the purport and cause of the claim of this case from October 13, 2016, and the next day to the date of full payment.
The plaintiff's claim against the primary defendant is dismissed. The plaintiff's claim against the primary defendant is accepted.