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(영문) 수원지방법원 2016.10.27 2016나53135
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the purpose of painting construction business, etc., and is an entity that has executed the tea-design construction work (hereinafter “instant construction work”) at the construction site in the subordinate airfield facilities located in the subordinate city located in the Republic of Korea (hereinafter “instant installation work”). The Defendant is a company that has subcontracted the construction of the instant installation work from an filial length construction company, which is the prime contractor of the instant installation work, to a company that is engaged in soil construction business, etc. (hereinafter “effective construction”).

B. On August 7, 2014, the Defendant entered into a contract with B’s agent C to re-subcontract the part of the package construction of the instant facilities and the part of the soil and drainage construction, with the contract amount of KRW 230,000 (Additional tax separately) as to the part of the package construction of the instant facilities and the part of the soil and drainage construction.

C. The Plaintiff was placed at the site of the instant facility construction through a road packing equipment business operator D, and submitted a quotation, etc. to C, which is called a warden, and performed the instant construction, but did not receive construction cost of KRW 14,219,555.

Around January 2015, around the time of the completion of the instant facility construction, companies that supplied goods or equipment to B or had been ordered to perform a partial construction work, filed multiple civil petitions with the ordering office because they did not receive the price properly. In order to solve this, the Defendant, who is the prime contractor, agreed on the issue of the construction of filial length and the payment of the price with the said outstanding amount.

E. As a result of the agreement, the Defendant directly pays the construction price reduced to some enterprises, including D, which were not paid the price by B, but the Plaintiff failed to reach an direct payment agreement with the Defendant against the reduction of the construction price.

【Ground of recognition】 The fact that there is no dispute, Gap's 1-3 evidence, Eul's 1-7 evidence (including each number), the whole purport of pleading

2. The plaintiff's assertion is of this case.

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