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(영문) 수원지방법원안산지원 2016.11.23 2016가단57598
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 2013, the Plaintiff received contact from the Korea New and New Co., Ltd. (hereinafter “Korea New and New and New Co., Ltd.”) to ask whether it is possible to proceed with the household construction (hereinafter “the instant household construction”) among the Changwon B Housing Construction Corporation (hereinafter “the instant construction”).

B. On September 2013, 2013, the Korea-Japan opened the site descriptions of the instant construction works. However, the Plaintiff was introduced to the enterprises wishing to participate in the construction works, including the Defendant, as the instant furniture construction business operator, and the Plaintiff’s contact address was given.

C. On January 10, 2014, the Defendant promised that the instant construction cannot be subcontracted to a third party without the prior written consent of Korea-Japan-based public service, by setting the construction cost of KRW 1,313,40,000 and the construction period of KRW 1,313,40,000, and by March 14, 2014.

On January 10, 2014, the Defendant subcontracted the instant construction work to C Co., Ltd. (D Co., Ltd. and D Co., Ltd., E Co., Ltd., “E Co., Ltd., Nov. 24, 2014” (hereinafter “E”). E Co., Ltd., Ltd., “E”) for KRW 1,274,90,000. The Plaintiff performed the instant furniture construction work at the instant construction site. The E Co., Ltd., as a field manager, supervised the instant construction work, and was written to the name of “Defendant Co., Ltd./the Director of the Work Team” at the time. G, who is an employee of E, was also written to the name of “Defendant Co., Ltd./the Director of the Work Team”, and written to the name of “H, the Defendant’s design subcontractor/the Deputy Director, and the Director of the Work”).

【Unfounded Grounds for Recognition】 Facts without dispute, Gap evidence Nos. 1, 5, 9, Eul evidence Nos. 1 to 14, the witness J. F's testimony, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant, while participating in the instant construction project, was aware that the contractor was the Plaintiff.

In addition, while receiving the instant construction project, the Defendant did not make a sub-subcontract unless the written consent of the Korea-Japan public service was given, and the Plaintiff and the Korea-Japan public service did not know the fact that the Defendant re-subcontracted.

The defendant is a sub-beneficiary.

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