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(영문) 서울동부지방법원 2017.06.02 2015가단110431

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 6, 2013, the Defendant received from the Korea Rail Network Authority a contract for construction work (i.e., construction work in the instant case; (ii) construction work price of KRW 8,693,605,00; and (iii) construction period of KRW 10/10 on December 10, 2013 or August 9, 2015) including the C Station and three calendars, and elevator installation.

B. Around December 27, 2013, the Defendant entered into an agreement with D (hereinafter “D”) to participate in construction by setting the amount equivalent to 92% of the original construction cost as the construction cost and subcontracted the instant construction work to the Defendant as the construction cost. Around that time, D had completed the registration of the establishment of a neighboring real estate owned by E, the representative director, in order to secure the performance, etc. under the above agreement, and dispatched the Plaintiff, who is an employee of the company, to the site agent on February 6, 2014.

However, on April 2014, the Defendant and D agreed to terminate the above construction participation agreement, and D signed a letter of commitment on May 7, 2014 to the Defendant to waive the execution of the instant construction and to waive all claims against the Defendant.

C. On April 30, 2014, the Defendant entered into a subcontract with F Co., Ltd. (hereinafter “F”) on the terms and conditions that part of the facility maintenance of the instant construction work is the contract amount of KRW 1,775,070,00, and that part of the instant construction work is the contract amount of KRW 1,668,480,00, and that part of the instant construction work is the land price of KRW 1,992,320,00 among the instant construction work between H Co., Ltd. and H Co., Ltd., and the Defendant and each of the said subcontractors agreed to terminate each of the instant construction works, and completed a separate settlement in agreement between the Defendant and the said subcontractor on February 2, 2015.

Each of the above subcontractings and other accounts are conducted by the F, the representative director of the F, and G and H I seem to be a company actually operated or a company borrowed from the name of HI.

On the other hand, on April 22, 2014, the Plaintiff’s contract amount as to the instant construction project between FF representative I and I. 7.2 billion won.