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(영문) 수원지방법원안양지원 2016.07.20 2015가단112342
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In relation to the “Yang City-si and D ground-based Dispute Resolution Co., Ltd. Co., Ltd. (hereinafter referred to as “Co., Ltd.”) ordered by the Company B, the Co., Ltd. (hereinafter referred to as “F”) entered into a contract with the Plaintiff, setting the construction cost of the civil engineering works on August 5, 2014 as KRW 168,30,000 (including value added tax) and the subcontract on August 5, 2014 to the construction period of November 30, 2014; ② the construction cost of underground-story structures on September 1, 2014 as construction cost of the construction works; the subcontract period of KRW 140,00,000,000; and the construction period of September 1, 2014 to November 31, 2014.

(hereinafter “each of the instant construction contracts”). On August 13, 2014, the Plaintiff received advance 40,000,000 won for civil engineering works, and advance 70,000,000 won for underground floor structure construction works on September 25, 2014, and continued construction works on September 25, 2014; however, the Plaintiff suspended construction works on November 3, 2014 due to such reasons as delay in payment from the E of the progress payment.

The Plaintiff filed the instant lawsuit claiming the balance of construction price payment with the Plaintiff as a joint defendant, the Bank of Bankruptcy E, the Bank of BankruptcyB, and the Defendant.

On March 31, 2016, this Court shall pay the defendant 25 million won to the defendant jointly and severally with the defendant in the Dispute Resolution Co., Ltd., by May 15, 2016, and waives the claim against the Dispute Resolution Co., Ltd.

[Grounds for recognition] A.1-3 Evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion should be paid more than KRW 82,768,081 for the construction work of this case.

The defendant is the actual contractor of the construction project in this case, such as ordering and supervising the overall construction and paying the construction cost, only in the name of the Bank of Korea E, and the defendant is jointly and severally liable to pay the remaining construction cost.

B. The defendant's assertion is only a subcontractor who has entered into a subcontract with the Dispute Resolution Co., Ltd., and the actual contractor is the Dispute Resolution Co., Ltd., and the parties are also the Dispute Resolution Co., Ltd.

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