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(영문) 청주지방법원 2020.01.16 2019가합217
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a person who runs the construction business under the trade name of “D”, and the Defendant is a company running the construction business. 2) The Defendant is an agent of the E Regional Housing Association and the FE Regional Housing Association. On August 22, 2015, the Plaintiff subcontracted the construction work amount of KRW 800,000 (excluding additional tax) to the Plaintiff on August 26, 2015, the construction work amount of KRW 30,000 (excluding additional tax) was paid on August 26, 2015, the payment of KRW 110,000,000 (excluding additional tax) was made on September 5, 2015, the payment of KRW 50% of the remainder within 30,000,000 (excluding additional tax), and the remainder within 50,000,0000 of the remainder within 50,000 days after the opening of public relations halls was agreed to pay the Plaintiff on August 10, 2015.

3) Since then, the Plaintiff completed the construction of a public relations center by entering into a re-subcontract or by directly supplying materials. 4) From August 28, 2015 to February 6, 2016, the Defendant remitted the Plaintiff the total amount of KRW 424,00,000 to the Plaintiff from February 6, 2016, and thereafter the ordering party paid the Plaintiff KRW 103,000,000 as the direct payment for the construction cost.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 2 (including paper numbers), 3, 6, 7, 8, and 12, and the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of 353,000,000 won for the unpaid construction cost (i.e., the amount of 880,000,000 won for the subcontract price that the Defendant paid to the Plaintiff - KRW 424,00,000 for the subcontract price paid by the Defendant - KRW 103,00,000 for the direct payment of the owner

2. Judgment on the defendant's defense

A. In full view of the facts of recognition as Gap's evidence No. 11, the tax information reply and the whole purport of the pleadings by this court, the plaintiff is entitled to receive part of the balance from the defendant who paid the defendant the payment to the defendant, who is the ordering party, on February 26, 2016, because the defendant did not pay part of the construction cost.

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