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(영문) 서울중앙지방법원 2020.01.30 2019가단5014571
공사대금
Text

1. The part of the lawsuit claiming subrogation among the lawsuit in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On March 9, 2016, the Defendant entered into a contract with D Co., Ltd. for construction of a multi-household house of five floors on land, such as Seoul Jung-gu, Seoul, with the construction cost of KRW 650 million, and the construction period from March 31, 2016 to September 30, 2016. The said company waived the said construction work even after completion of the aggregate construction work on March 16, 2017.

B. Following the introduction of F, the actual representative of E Co., Ltd. (hereinafter “E”), on May 2, 2017, the Defendant entered into a contract with G Co., Ltd. (hereinafter “G”) for the remainder of the construction work of the said multi-household house (hereinafter “instant new construction work”), including tin Corporation, regarding the contract amounting to 458,375,000 won and the construction period from May 4, 2017 to August 25, 2017.

G Subsequent to the construction of the instant new construction project, G performed the instant new construction project by entrusting E with waterproof and tin works, or entering into a subcontract with a subcontractor introduced by F, etc., and failed to complete the instant new construction project by the said construction period.

C. Accordingly, on August 29, 2017, the Defendant agreed to “the Plaintiff shall pay 86 million won to G, and the Plaintiff shall complete the responsibility until September 30, 2017,” between G and the employee of the International Financial Cooperative.

Accordingly, although the defendant paid 86 million won to G, the new construction of this case was not completed until September 30, 2017.

Accordingly, G agreed with the Defendant around September 29, 2017 that the new construction of this case was completed by October 25, 2017, and that the new construction of this case was not completed until October 25, 2017.

Ultimately, the instant multi-household house was approved on August 24, 2018.

On the other hand, around May 15, 2017 between E and the Plaintiff, the Plaintiff’s tin construction cost is KRW 20 million.

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