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(영문) 서울중앙지방법원 2016.02.04 2015가단37052
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants contracted to D, and E on August 24, 2013, the urban-type residential housing, the urban-type residential housing, the urban-type residential housing, the urban-type residential housing, and the non-Dong new construction of the housing.

B. On August 26, 2013, D entered into the construction volume of the E mobile outer wall metric tons of the said construction (hereinafter “instant mobile construction”): 1,094 square meters; 33,000 won per square meter of the construction amount; 30% of the unit price contract; and 30% of the down payment after the unit price contract; and 70% of the remainder is determined and subcontracted within 15 days after the completion of construction; and from August 26, 2013 to October 15, 2013 (hereinafter “instant mobile subcontract”); and thereafter, the Plaintiff, as a substitute for performing the duties under the said subcontract agreement with G, was to acquire rights under the said subcontract agreement instead of acquiring G’s above rights.

D In addition, on November 1, 2013, the construction volume of the non-dong outer wall tonnage construction (hereinafter referred to as “instant non-Dong construction”) during the said construction project to the Plaintiff: 1,092m20m20 and November 20, 2013 from November 1, 2013 to November 20, 2013; and the remainder of the terms set forth the same as above and subcontracted to the Plaintiff.

(hereinafter “instant non-Dong subcontract”). C.

From October 19, 2013 to October 29, 2013, the Plaintiff commenced the instant mobile construction and completed the instant mobile construction on October 29, 2013, and as a result, the actual construction volume was settled after the completion of construction, but E paid only KRW 10 million to the Plaintiff as the construction cost of the instant mobile construction and non-exclusive construction.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Gap 4-1, 2-2, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion does not pay the remainder of the subcontract price under D and E’s transfer to the instant B and B’s non-Dong subcontract, and D are delinquent in paying a large amount of national taxes. The Defendants delay the payment of the subcontract price at least twice by the contractor as provided by Article 35(2)3 of the Framework Act on the Construction Industry.

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