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(영문) 서울중앙지방법원 2018.09.11 2017가단5088073
공사대금
Text

1. The Selection D Co., Ltd. shall pay to the Plaintiff KRW 45,497,00 and its amount from May 1, 2016 to May 22, 2017.

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the following: Gap evidence 1, 2, Eul evidence 1-19, Eul evidence 2-1, Eul evidence 2-31, Eul evidence 3-1, 2, Eul evidence 3-1, 3-2, and Eul evidence 1.

The Appointed D Co., Ltd. (hereinafter referred to as the "Appointed D") is the client of the new construction project in the Chungcheong voice, and the defendant A Co., Ltd. (hereinafter referred to as the "Defendant A") is the contractor, and the plaintiff (the former representative Incheon Construction Co., Ltd.) is the contractor, and the plaintiff (the former representative Incheon Construction Co., Ltd.) is the sewage-supply company during the construction project (hereinafter referred to as the "instant construction project").

Defendant B is the representative director of Defendant A, and Defendant C is the representative director of Appointed D.

B. The Plaintiff entered into a contract with Defendant A on July 2015 with respect to the instant construction and completed a completion inspection on May 2016. The Plaintiff agreed that the contractor shall pay the costs of the construction that the contractor entered into a contract with the subcontractor for the construction to the subcontractor and the participating company by directly receiving the payment from the project owner, and that the contractor shall pay the costs of the construction that the contractor entered into a contract with the subcontractor after receiving the payment from the project owner, for the payment of the unpaid construction costs, KRW 127,834,091, and for the payment of the unpaid construction costs, KRW 4,091, and the payment of the unpaid construction costs to the subcontractor and the participating company after receiving the payment from the project owner.

17,834,091 won in total, and 117,834,091 won in total, of the enterprises participating in the construction and the 11,000,000 and the remaining 16 enterprises;

C. However, Defendant A did not pay part of the construction cost of this case to the Plaintiff, and the Plaintiff and Defendant A among them.

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