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Reasons
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(영문) 인천지방법원 2015.06.03 2013가합20966
공사대금
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1. Of the Plaintiff’s lawsuit, 132,506,954 won and the part claiming damages for delay from September 23, 2014 shall be dismissed.

2...

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a subcontract for each of the instant construction works with the Defendant, as follows, Macco Construction Co., Ltd. (hereinafter “Macco Construction”).

(A) On July 23, 2012, the Plaintiff entered into a subcontract with the Defendant for a part of the construction works contracted from the Plaintiff. On July 23, 2012, the contract amount was KRW 1,540,000,000, and the completion date was determined as of April 30, 2014 with respect to “Skerker Quaker Communications Corporation (hereinafter “Sker Communications Corporation”).

B) On January 2, 2013, the Plaintiff entered into a subcontract with the Defendant for the purchase of materials and equipment for the Ulsan Subdivision (hereinafter referred to as “the purchase of each of the above construction works”) with the Defendant on February 20, 2013, with regard to the contract amount of KRW 1,166,00,000,000 for the instant Busan Communications Telecommunication Corporation (hereinafter “the instant construction works”). On September 31, 2014, the Plaintiff entered into the subcontract with the Defendant for the purchase of each of the above construction works by determining the contract amount of KRW 87,79,978, and the completion date by July 31, 2014.

B. On July 24, 2013, the Plaintiff commenced each of the instant construction works and continued construction works. (2) The Defendant sent to the Plaintiff a certificate of the content that “the Plaintiff terminated the subcontract agreement for each of the instant construction works on the ground that “the Plaintiff ceased to perform on-site work several occasions, did not put the construction materials, tools, and sirens into the machine, and (3) did not collect office fixtures, etc.”

다. 채권가압류결정 및 가압류결정의 취소 1) 주식회사 쓰리제이(변경 전 상호 : 주식회사 씨제이네트웍스, 이하 ‘쓰리제이’라고만 한다

The plaintiff shall have the right to preserve material costs claim 71,064,815 won against the plaintiff, and the debtor shall be the defendant and the third debtor shall be the defendant.

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