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(영문) 수원지방법원 2015.01.09 2013가합24491 (1)

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. The Defendant was awarded a contract by Nonparty Hongcheon-A for the construction of “BTL-A area” from the Plaintiff.

B. On September 19, 2011, the Defendant asserts that Nonparty Newcheon Co., Ltd. (hereinafter “Newcheon”) and the Plaintiff entered into a subcontract with the Defendant using the name of the recommendation of Newcheon Heavy Co., Ltd. (hereinafter “Newcheon”) and the Plaintiff, and thus, is determined below.

With respect to reinforced concrete construction (hereinafter “instant construction”) among the above construction works, a subcontract was concluded by designating the construction cost of KRW 1,084,600,000 as construction cost for the said construction works. On December 9, 201, a contract was concluded to reduce the construction cost of the instant construction by determining the completed construction cost of KRW 52,00,000 between New Heavy Construction and New Heavy Construction on December 9, 201.

C. After that, on January 2, 2012, the Defendant asserted that Nonparty Es&C Co., Ltd. (hereinafter “Es&C”) and the Plaintiff entered into a subcontract with the Defendant using the name of Es&C. In addition, it is determined as follows.

After concluding a subcontract with 369,600,000 won for the remaining portion of the instant construction project, the contract was concluded on March 27, 2012, under which the construction cost was to be changed to 490,600,000 won for the remainder portion of the instant construction project (hereinafter “instant contract”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers if there are serial numbers; hereinafter the same shall apply)

2. The parties' assertion

A. The Plaintiff, who did not obtain the Plaintiff’s assertion construction business license, entered into a subcontract with the Defendant on the instant construction project under the name of the Newcheon Heavy Construction, and thereafter, the Plaintiff could not use the name of the Newcheon Heavy Construction due to a dispute with the Defendant during construction work, and the said subcontract was executed in the name of the Defendant and Newcheon Heavy Construction around December 9, 201.