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(영문) 서울남부지방법원 2015.01.15 2014나5581
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On March 201, Plaintiff C awarded a contract to E for the construction of new housing units on the ground of Seosan City, Seosan-si, and E subcontracted the construction of temporary materials, wood construction, and reinforced concrete construction among the construction of new housing units to the Defendant. However, the Defendant again subcontracted the wooden construction to F, and the Defendant re-subcontracted the reinforced concrete construction to the Plaintiff.

Therefore, since the Plaintiff completed reinforced concrete construction from April 23, 201 to May 28, 2011, the Defendant is obligated to pay KRW 14.7 million, which the Plaintiff did not receive, out of the agreed construction cost.

B. Since the Defendant’s reinforced concrete construction work built by the Plaintiff was subcontracted to F, the Defendant did not have any obligation to pay the construction cost to the Plaintiff.

2. Therefore, in light of the overall purport of arguments as to whether the Plaintiff received a subcontract for concrete construction from the Defendant, the Plaintiff filed a lawsuit seeking payment of KRW 14.7 million for the specific construction cost as in the instant case against the Seoul Southern District Court Decision 201Da197581, Seoul Southern District Court Decision 2012Na2465, the Plaintiff appealed on September 20, 201, but the Plaintiff dismissed the appeal on September 20, 201, the Plaintiff received part of the aforementioned new construction construction work from E, and the Plaintiff was not obligated to pay the said KRW 14.7 million to C, and the Plaintiff was not obligated to pay the said KRW 70,000,000,000,000,000,000,000,000,000,000,000,000 won.

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