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(영문) 서울남부지방법원 2020.07.23 2019가단205460
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 21, 2016, the Defendant (owner) entered into a construction contract with I (contractor) for the construction of multi-household housing (hereinafter “instant construction contract”) on the ground of Geumcheon-gu Seoul, Geumcheon-gu, Seoul. The main contents of the contract, such as the construction period and construction amount, are as shown in the attached Table.

B. The Plaintiffs are subcontractors who were partially subcontracted among the above new construction of multi-household housing from I, and Plaintiff A was subcontracted to KRW 70,000,000 for the civil construction work, KRW 35,000 for the public construction work, KRW 35,000 for the public construction work, KRW 60,000 for the Plaintiff C, KRW 30,800 for the public construction work, KRW 30,000 for the Plaintiff D’s public construction work, KRW 10,000 for the unclaimed construction work, KRW 12,00,000 for the Plaintiff E, KRW 12,000 for the electrical construction work, and KRW 10,032,00 for the Plaintiff G, respectively.

(hereinafter referred to as the “instant subcontract” which was entered into between the Plaintiffs and I.

After that, the house of the first and third floor above the ground of Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as the "house of this case") has been completed, and the defendant obtained approval for the use thereof on July 9, 2018, and completed registration of preservation of ownership on July 23, 201.

[Reasons for Recognition] Evidence Nos. 1 through 7, Evidence Nos. 12 and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The Plaintiffs asserted completed the entire or considerable portion of the construction work under the instant subcontract by October 2016, and I suspended construction work under the instant construction contract at the end of 2016, under the status of 77.8% with respect to the instant housing, and thereafter, the Defendant obtained approval for the use of the instant housing on July 9, 2018 after performing the remainder of the construction work. The Plaintiffs did not receive the subcontract price stated in I’s claim. Meanwhile, the Defendant agreed to directly pay the unpaid construction price to I on the same page with I around October 2017, and the Plaintiffs agreed to pay the unpaid construction price to the Plaintiffs.

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