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(영문) 서울중앙지방법원 2018.04.26 2017가합549389
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. A. On January 7, 2015, the Defendant: (a) determined and supplied the construction work for constructing a “E” building on the land (hereinafter “instant construction work”) on the land of the wife population D and ten parcels as the construction cost of KRW 14.850,000,000 (value-added tax separately) from C Co., Ltd.

B. The instant construction work was completed around February 2016, and the Defendant completed the settlement of accounts that determine the total construction cost as KRW 17.8 billion with C Co., Ltd. and the Defendant.

C. The Plaintiff reported to the Fair Trade Commission that the Defendant and the Defendant entered into a blanket subcontract for the instant construction project, but the Defendant did not pay the subcontract price properly.

On June 2016, the Fair Trade Commission investigated the defendant about whether there was a violation of Article 13 of the Act on Fair Transactions in Subcontracting. On June 1, 2017, the Fair Trade Commission concluded that there was no subcontract transaction between the plaintiff and the defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 35, Eul No. 1, 2, and 11, and the purport of the whole pleadings.

2. Judgment on the Plaintiff’s assertion of the cause of claim

A. The gist of the parties’ assertion 1 is as follows: (a) the Plaintiff asserts as the cause of the instant claim.

On January 2015, the Plaintiff entered into a blanket subcontract with the content that most of the above construction works are to be performed, such as estimate work, field management, materials, equipment, and human resources supply and management with respect to the instant construction works ordered by the Defendant, and set the construction cost as KRW 10.82 billion, which is 85% of the amount calculated by deducting four major premiums from the cost of the original construction works between the Defendant and C Co., Ltd.

However, since the above construction cost has been changed to 17.8 billion won due to the change of design, etc. thereafter, the construction cost to be paid by the Plaintiff shall be KRW 17,107,912,918, which deducts the total of KRW 692,087,082, such as four-time insurance premiums, long-term care expenses for the elderly, retirement pension installment expenses, and subcontract guarantee fees from the above KRW 17.8 billion.

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