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(영문) 서울고등법원 2017.06.08 2016나2047070
공사대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. D, the Defendant’s father, the Plaintiff’s father, is the Plaintiff’s agent, and D, constructing a penture on the land outside Incheon-gun G and 14 lots owned by the Defendant (hereinafter “instant construction”).

On May 6, 2008, each of the contracts entered into on July 6, 2008 with the amount of KRW 2,30,500,000 (hereinafter referred to as “instant contract”), which was determined as KRW 230,000,000 for the construction contract and the amount of KRW 230,000,000,000 (hereinafter referred to as “instant contract”).

(2) On May 14, 2008, F agreed to subcontract the instant construction work to Plaintiff A and H, and written a subcontract agreement on June 14, 2008, setting the construction cost of KRW 2 billion (3.4 billion per square year) and KRW 200 million for the instant construction work.

(hereinafter “instant subcontract”). Since then, Plaintiff B transferred the status of subcontractor with respect to the instant subcontract from H.

B. The Plaintiffs discontinued the instant construction project and suspended the construction project on October 2008, on the grounds that the construction cost was not paid, while proceeding with the instant construction project.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. On November 7, 2008, the Defendant agreed to pay to the Plaintiffs, who are subcontractors of F, KRW 530 million for the construction of the instant construction work and the price of KRW 530 million until November 25, 2008.

Even if not, on November 13, 2008, F transferred 530 million won of the payment claim to the plaintiffs on the date completed until then.

Therefore, the defendant shall pay the above amount of KRW 530 million to the plaintiffs in accordance with the above direct payment agreement or assignment of claims. Among them, since the defendant has taken over the plaintiffs' debts of KRW 232 million against I by immunity, it is claimed for the remaining amount of KRW 298 million and damages for delay.

(b).

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