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(영문) 서울중앙지방법원 2015.07.02 2013가합27607
공사대금 등
Text

1. The defendant,

A. The Plaintiffs amounting to KRW 153,144,656 and KRW 6% per annum from September 7, 2012 to July 2, 2015.

Reasons

1. Basic facts

A. On June 22, 2007, the Defendant entered into a contract between the Defendant, E, and F Co., Ltd., and the Defendant contracted to E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) for the construction of D apartment reconstruction complex (hereinafter “instant construction”) at the cost of 16,270,50,500,000 and the construction period from June 2007 to June 2009.

(hereinafter “instant First Contract”). (b)

Around July 22, 2007, E and F commenced the instant construction work. However, since November 2007, F, a joint beneficiary, was practically performing the instant construction work. 2) After notification on January 20, 2009, E notified the Defendant of his intent to waive the instant construction work, and the Defendant, E and F agreed to change the contractor of the instant construction from “E and F” to “F” on June 25, 2009, and thereafter F performed the instant construction work.

C. F, which had been carrying out the instant construction project, in October 2009, the F, which had been filing a lawsuit for the payment of the construction cost of the F, discontinued the construction project due to the shortage of funds, and the Defendant notified F to F that it would terminate the instant first contract. In this regard, F, on January 25, 2010, pursuant to the Suwon District Court Decision 2010Da1336, “The Defendant, the contractor under the instant first contract, agreed to pay F, directly to F, the cost of supply of ready-mixed and steel and steel delivery, which were put into the construction site of the instant case, and the said construction was suspended due to the failure to pay it. The Defendant deducted the Defendant from F the remainder of KRW 8,032,452,950 including the construction cost of the instant case, and the amount of KRW 900,154,549, including the amount of loans extended to the Cooperative, KRW 8,607,499,607,371.7,7000.

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