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(영문) 인천지방법원 2019.01.18 2017가합55571
공사대금
Text

1. The defendant's supplementary intervenor's application for participation is permitted.

2. The plaintiff's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On January 8, 2014, E Co., Ltd. (hereinafter “E”) as a corporation established for the purpose of building construction business, etc., drafted a standard contract for construction works with the Defendants as a contractor and E with respect to the F Multi-household Construction Corporation located in Pyeongtaek-gun, Gyeonggi-do (hereinafter “instant construction works”).

B. On February 11, 2014, E subcontracted the structural part of the instant construction work to G.

(C) The part of the instant building project subcontracted by G during the instant construction project, etc. (hereinafter “instant subcontracted project”).

G under the instant subcontract construction contract, the construction site of this case was carried out, and the Plaintiff, who actually carried out the instant subcontract construction, acquired all claims and obligations arising in relation to the said subcontracted construction from G around October 2015.

(hereinafter referred to as “G side”) . The execution note of the construction fund prior to the site of G and the Plaintiff

1. Name of the construction project: New construction project of I or Multi-household;

2. Address: J. Gang-gun of Gyeonggi-gu, F;

3. The trial executor: The intervenor; and

4. Persons in charge of executing the former construction capital: H.

5. Amount: Won 300,000,000) - H - In the future, the trial intervenor shall first arrange the amount specified in the above-mentioned contract with H in consultation with the officer responsible for the execution of the construction fund before the execution of the construction fund in advance at the time of the execution of the construction fund, with the funds of KRW 300,000 (Won 300,000,000) from the funds of the aggregate construction fund.

The Intervenor considers this case as an agreement and does not raise a civil or criminal objection.

June 9, 2015

Meanwhile, after E and G were removed from the construction site of this case on July 2014 at the construction site of this case, the Defendants’ Intervenor (hereinafter “ Intervenor”) received the said site and was selected as a new contractor of the construction project of this case. He, who was the head of the on-site responsibility team and the fund enforcement of the E, was transferred to the International Construction Site in relation to the recovery of the existing construction cost, etc. between the Intervenor and the Intervenor.

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