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(영문) 서울중앙지방법원 2015.10.08 2013가단278385
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2011, the Defendant entered into a contract for construction works (i) the Defendant is a Ulsan Construction Co., Ltd. (hereinafter “Suld Construction”).

2) As to the Plaintiff’s ground of appeal, the Plaintiff’s ground of appeal is with merit.

B) The construction of 2 tools for apartment construction in Seoul Seocho District A4, 5 block apartment construction works (hereinafter “instant apartment construction”).

As to the contract amount of KRW 65,862,965,00, the contract was concluded on the construction work that sets the contract amount of KRW 65,862,965,00. (ii) on December 5, 2011, the Ulsan Construction Co., Ltd. (hereinafter “dunam Construction”) entered into a subcontract with the content that the contract amount of reinforced concrete construction works among the instant apartment construction works shall be KRW 12,705,441,00, and the construction period shall be December 5, 2011, and the completion of construction shall be October 4, 2013.

3) On January 5, 2012, 2012, both South and North Construction contracted to the Plaintiff with the contract amount of KRW 346,50,000,00 for the construction of the underground parking lot fexexpexexexexpex (4) during the said construction. The Plaintiff completed the construction of the said underground parking lot on May 2012, and completed the construction of the said underground parking lot on August 2012 at the request of both South and North construction, and completed the painting and cleaning of the parking lot on May 5, 2012, and did not receive the progress payment of KRW 56,601,160 and the progress payment of August 7, 2001,720.

B. Around August 25, 2012, the Defendant agreed to pay the construction cost for the part of the construction work performed by the two South and North construction directly to the two South and the two South and North construction (the right to claim direct payment against the Defendant is referred to as the “instant construction cost claim”).

(2) After that, the Defendant paid 531,296,000 won to two Nam Construction as the progress payment for September 7, 2012, and 316,825,000 won as the progress payment for September 26, 2012.

C. On September 27, 2012, the termination of the subcontract agreement between Ulsan Construction and the two Nam Construction ceased the said construction on or before September 27, 2012, and on October 6, 2012, the Ulsan Construction was on the ground of the suspension of construction to the two Southern Construction.

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