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(영문) 서울중앙지방법원 2014.01.22 2013가단72570
공사대금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. A. Around July 2009, the Defendant contracted E with construction works for F ground neighborhood living facilities and multi-family houses at Yangju (hereinafter “instant construction works”).

B. E subcontracted the instant construction to G, and delegated on November 8, 2010 the Defendant’s right to receive the instant construction cost and the authority to execute the instant construction on behalf of oneself, and thereafter notified the Defendant of this right at that time.

C. The Plaintiff was re-subcontracted by G during the instant construction; the Appointor C did electrical construction; and the Appointor D re-subcontract and waterproof construction.

1) On January 20, 2012, the Plaintiff and the designated parties agree to pay the construction price directly to the Plaintiff and the designated parties upon delegation by the Plaintiff and the designated parties with G or with G (hereinafter “instant direct payment agreement”).

(2) On January 27, 2012, the Plaintiff and the designated parties received the power of attorney on the direct receipt of the construction cost from G.

[Reasons for Recognition] Unsatisfy, Each entry in Gap evidence 1 through 5 (including each number in the case with a serial number), witness G, and H's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the purport of the claim and damages for delay to the plaintiff and the designated parties, unless there are special circumstances.

B. As to the Defendant’s assertion 1, the Defendant, at the time of the instant direct payment agreement, agreed that the Plaintiff and the designated parties agreed to pay the construction cost on the face of a pre-use inspection by providing a certificate of completion for the approval of use of the building, and that the Plaintiff and the designated parties failed to perform these obligations. 2) In concluding the instant direct payment agreement, the Plaintiff and the designated parties shall cooperate in the completion construction and the completion inspection as alleged by the Defendant.

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