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(영문) 수원지방법원 성남지원 2018.11.02 2018가단210767
하도급공사대금 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Plaintiff

C/D was awarded a contract by the Defendant for a new construction of the Incheon Bupyeong-gu E-Ground Housing (hereinafter referred to as the “E Housing”).

The Plaintiff was awarded a subcontract for 253,00,000 won in total among the steel framed Corporation and the construction of F-based housing (hereinafter referred to as “F-house”) from C and D among the new construction of E housing, and was awarded a subcontract for the te-building and H-type construction among the new construction of housing.

The Plaintiff’s subcontracted E-Housing Construction Costs are KRW 60,00,000, KRW 14,000, and KRW 2,300,000, and KRW 76,30,000, in total, for HG construction costs.

The plaintiff completed all subcontracted construction works of E housing, but C and D did not pay subcontract consideration.

On February 12, 2018, the Defendant, the ordering person, agreed to pay the subcontract price of the Plaintiff, the subcontractor, the subcontractor, directly to the Plaintiff.

Therefore, pursuant to Article 14(1)2 of the Fair Transactions in Subcontracting Act, the Defendant is obligated to pay the Plaintiff the subcontract price of KRW 76,300,000 and the damages for delay.

Preliminary Claim C and D, March 5, 2018, transferred KRW 76,300,000, out of the E-built Housing Construction Price Claim against the Defendant, and notified the Defendant thereof on March 14, 2018, and notified the Defendant thereof. As such, the Defendant is obliged to pay the Plaintiff the acquisition price of KRW 76,30,000 and the delay damages therefrom.

The judgment on the primary claim was made by the Defendant, from December 29, 2017 to February 28, 2018, under the terms of construction cost of KRW 180,000,000, and on December 29, 2017, under the terms of KRW 180,000. C and D, in such cases, C and D agreed not to claim additional construction cost in any case except for the changes in the construction area, and the Plaintiff agreed from C and D on December 13, 2017 to December 13, 2017 to December 13, 2017 to February 2, 2018.

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