logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2018.07.10 2017가단34690
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

A) The F Co., Ltd. (hereinafter referred to as the “F”) received a new construction of G building from Defendant B, around 2016, in light of the following facts: (a) there is no dispute between the Plaintiff and the Defendant as to the claim against Defendant B (hereinafter referred to as “Defendant B”); (b) there is no evidence Nos. 1 and 2; (c) the witness D’s testimony; and (d) the witness E’s witness E’s testimony; and (e) the entire purport of the pleadings.

On January 2017, the Plaintiff entered into a construction subcontract (hereinafter “instant contract”) with F as the introduction of D, the actual operator of Defendant B, under which the Plaintiff contracted to supply sewage to the instant construction works for the new construction of G building (hereinafter “instant construction”).

B) Upon entering into the instant contract, the Plaintiff agreed to pay the instant construction work upon the Plaintiff’s input of human resources between F and F as of the end of each month, and to pay the monthly labor cost to F by the beginning of the following month. C) The Plaintiff: (a) invested human resources from January 2017 to May 2017; (b) paid labor cost incurred from January 2017 to April 2017; and (c) Defendant B paid 32,015,000 labor cost incurred from May 2017 to the Plaintiff on February 25, 2017 (hereinafter “instant payment guarantee note”).

(2) According to the above facts, on February 25, 2017, the payment guarantee agreement between the Plaintiff and the Defendant (hereinafter “instant payment guarantee agreement”) was concluded between the Plaintiff and the Defendant with the condition that the F would not pay the Plaintiff the construction cost as to the instant construction work, and Defendant B would pay the Plaintiff the payment of the construction cost directly to the Plaintiff.

E. 1. Whether the condition of suspension is met.

arrow