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(영문) 서울중앙지방법원 2015.12.23 2015가합507183
공사대금
Text

1. As to KRW 185,530,00 among the Plaintiff and KRW 157,00,000, the Defendant shall pay to the Plaintiff KRW 28,530,000.

Reasons

1. Facts of recognition;

A. On November 12, 2013, the Defendant awarded a contract to A Co., Ltd. (hereinafter “A”) on KRW 1,603,508,000 for the total construction cost of the 200 Formula C’s facilities construction project located in Gangwon-do, Gangwon-do. On April 30, 2014, the Defendant concluded a contract with the Plaintiff to subcontract the construction cost of the machinery and equipment construction works (hereinafter “instant subcontract”). From April 18, 2014 to June 15, 2014, with respect to the Plaintiff and the said construction cost of the machinery and equipment works (hereinafter “instant construction works”).

B. On May 20, 2014, A submitted a written statement of official announcement to notify the Plaintiff of the conclusion of the instant subcontract (hereinafter “top engineering”), which is a supervisor in charge of the instant construction project (hereinafter “topin engineering”) (According to the written evidence No. 4, “the date of execution” of the said written official document was April 25, 2014; the date the said written official document was received was May 20, 2014; and the said written official document was attached to the written official document stating that “The Plaintiff’s construction cost that is the subcontractor of the instant construction project consented to the Plaintiff and will not raise any objection thereafter (hereinafter “written written statement of direct payment”).

C. On September 13, 2014, A and the Plaintiff concluded a contract to change the construction cost stipulated in the instant subcontract to KRW 350,531,696.

The Plaintiff received KRW 165,00,000 among the above construction costs, and the subcontracted Corporation was completed on September 2014.

Relevant statutes, such as the former Act on Fair Transactions in Subcontracting (amended by Act No. 12709, May 8, 2014; hereinafter “former Subcontract Act”) related to the instant case are as listed in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each branch number, if any; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Summary of the Plaintiff’s assertion 1.

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