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(영문) 대전지방법원서산지원 2016.07.21 2013가합3629
공사대금 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 4, 2010, Plaintiff B received a contract from Defendant C for the construction of a new building on land (hereinafter “instant construction”) in the name of the KTN General Construction Co., Ltd. (hereinafter “KTN General Construction”).

B. Plaintiff B subcontracted the instant construction project to seven construction business operators, including G, and commenced the instant construction project on October 21, 2010.

C. On May 18, 201, Defendant C, Plaintiff B, and the 7 subcontractors completed the instant construction project by June 30, 201, Defendant C agreed to pay the said subcontractors the remainder of KRW 1,000,000,000,000, which was already paid out of the total subcontract price of KRW 1.2777 billion, as stated in the following table, within 20 days after completion of the construction project.

In the table, the total amount of KRW 165,00,000 for building stones G 165,00,000 for building stones, which is the remainder of the subcontract price paid, shall be KRW 70,000 for building stones, and KRW 79,50,000 for the Seoul Special Metropolitan City Corporation for the Settlement of Disputes-Related Facilities of KRW 115,00,000 for the Corporation for the Settlement of Disputes-Related Facilities of KRW 79,50,000 for the Corporation for the Settlement of Disputes-Related Facilities of KRW 90,00 for the Corporation for the Settlement of Disputes-Related Facilities of KRW 115,00,000 for the 260,800,000 for the 260,800,000 for the 27,000,000 for the Seoul Special Metropolitan City Corporation for the Settlement of Disputes-Related Facilities of KRW 1,27,30,000 for the total amount of KRW 1,300.

D. The instant construction was completed on September 1, 201. Defendant C paid the said subcontract price to subcontractors by cash payment or payment in kind until October 5, 2011. Meanwhile, Defendant C paid the Plaintiff B the total sum of KRW 245.8 million with the contract price, and the total amount actually transferred to Plaintiff C was KRW 262.8 million. Of which amount, KRW 17 million was appropriated for the design and supervision service cost paid by Plaintiff C on behalf of the Defendant C.

Therefore, the amount received by Plaintiff B as the construction cost of the instant construction project is KRW 245.8 million (=262.8 million - KRW 17 million).

A. The payment was made.

E. The Plaintiff B and the KNN Construction on April 2013 to the Plaintiff A, who is an infant of Plaintiff B, a claim for the payment of the construction cost of KRW 490,450,000 against Defendant C.

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