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(영문) 서울중앙지방법원 2013.06.26 2012가합86227
하도급대금 등
Text

1. DefendantO: 15,00,000 won for Plaintiff A; 11,00,000 won for Plaintiff B; and 10,000,000 won for Plaintiff C Co., Ltd;

Reasons

1. Facts recognized;

A. On April 11, 2011, Defendant P Co., Ltd. (hereinafter “Defendant P”) contracted the construction of a new building of the 9th and the 1st underground floor (hereinafter “instant building”) on Q Q of Geumcheon-gu Seoul (hereinafter “instant construction”) with the construction cost of KRW 2,948,00,000 (including value-added tax) and the construction period from April 11, 201 to January 31, 2012.

(hereinafter referred to as the “instant contract”). (b)

From January 2012, the Plaintiffs supplied goods or provided human resources at the construction site of this case as indicated in the construction specifications of the attached construction price list, and continued construction works, such as cooking and swimming works. After the completion of the instant building on July 23, 201, Defendant O completed registration of preservation of ownership on the 1/3 portion of the instant building on the 23th of the same month.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including virtual numbers), representative of the PP corporation, the result of the personal inquiry of the representative of the PP corporation, the purport of the entire pleadings

2. Determination as to the claim against DefendantO

A. The Plaintiffs (1) asserted by the parties regarding the claim for construction cost under the direct management of DefendantO’s construction work) (1) as to December 30, 201, Defendant P promised to waive the progress of the instant construction work between Defendant P and Defendant P on December 30, 201, and settled the construction cost up to that time in KRW 1,574,800,000, and thereafter Defendant P agreed that Defendant P directly run the instant construction work and use Defendant P’s name as it is.

② Under the above agreement, Defendant P was supplied with goods or provided with services as stated in the construction specifications of the attached construction price list in Defendant P’s name, and Defendant P was directly engaged in the instant construction work. Since the instant construction work was completed upon completion of its implementation, Defendant P should pay the price of goods and the construction cost to the Plaintiffs.

B. Defendant P, who entered into the instant contract with Defendant OO, entered into a subcontract with the Plaintiffs.

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