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Reasons
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(영문) 서울중앙지방법원 2015.02.06 2014가단5072237
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant awarded a contract from Nonparty A for the construction of a new commercial building B in Young-gu, Suwon-si (hereinafter “instant construction”) to Nonparty C, and subcontracted the structure construction and the outer finishing construction to Nonparty C.

B. On April 16, 2013, the Plaintiff received a subcontract for the external finishing works during the said construction works from C, and the main contents of the said contract are as follows.

III.(subcontracts) 143,000,000 (including value added tax)

1. Contract deposit: 26,00,000 won (excluding surtax) and within seven days from the date of the contract;

2. Part payments: 65,00,000 won (excluding surtax) and within seven days after entering the raw materials field.

3. Remaining balance: Within seven days after the completion of construction work, such as KRW 39,00,000 (excluding surtax) and others.

C. The Plaintiff received 28,00,000 won from C among the down payment amounting to 28,600,000 won (including value added tax) and was not paid 600,000 won. Although seven days have passed since the Plaintiff entered the raw materials at the construction site of the instant case, C shall receive 30,000,000 won from the intermediate payment, and 45,508,020 won from the intermediate payment and the intermediate payment on July 29, 2013 (including value added tax) until August 10, 2013, and shall receive 30,000,000 won from C and receive 88,40,000,000 won (including value added tax) from the intermediate payment and receive 30,000,000 won, and 304,000,000 won (including the remainder of the work price from the Defendant’s 203,013.4,2013.

On August 20, 2013, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant with the amount of KRW 44,00,000 (including additional tax, KRW 22,00,000,000, and KRW 22,000,000, as of August 27, 2013, and received all payment from the Defendant after the completion of construction).

[Reasons for Recognition]

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