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(영문) 서울북부지방법원 2014.10.21 2014가단23208

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Three-ho Co., Ltd. (hereinafter “C”) subcontracted the construction period of the soil and drainage structure works (hereinafter “soil and drainage structure works”) among D Corporation (hereinafter “C”) to C (hereinafter “C”) on May 1, 2012 by setting the construction period from May 1, 2012 to August 14, 2013, and the construction cost of KRW 4,63,736,959.

B. On April 27, 2012, E, who is the chairperson of C, agreed to arrange for participation in the earth and drainage structure construction to be subcontracted by C from the representative director F of the Defendant Company’s representative director F and arrange for participation in the earth and drainage structure subcontracted by C and pay the price to E.

E and F divided the part in which the Defendant Company participated into the part into ① earth and sand installation works (subcontracts 2,068,00,000), ② Structure works (subcontracts 1,132,60,000), ③ common type of electricity, electricity, and brick disposal works (subcontracts 334,40,000). As to the said three parts, the agreement of Chapter 3 (hereinafter referred to as the “former agreement of Chapter 3”) was formulated respectively.

C. On May 18, 2012, E drafted again an agreement with F on the following (hereinafter “instant agreement”) with regard to the mediation of construction participation and the payment of the consideration for mediation, etc.:

The name of construction: D Construction Works for Earth and Drainage Structures (Section 1 Section, Section 3 Section, Section 1 Section, Section 1 Section, Section 3 Section : Samho subcontractor: The chairperson of C subcontracted from Section 3 Section 1 Section, who is awarded the above construction, shall enter into an agreement with the chairperson of C to enter into the Agreement F as a participant in the execution of C (E) as follows:

A person shall be appointed.

1.The above costs of construction in the execution of the project shall be 3,860,000 won.

2. The construction period shall be from May 10, 2012 to May 30, 2013.

3.‘B’ must input and work on the date of commencement the number of persons, equipment, and materials necessary for the on-site construction and shall pay official construction costs (employee salaries/equipment costs/ material costs/materials/ Wages/ Food, etc.).

4.