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(영문) 인천지방법원 2019.05.03 2018가합28
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff Company B (hereinafter “B”) are small and medium entrepreneurs to whom the Fair Transactions in Subcontracting Act applies (hereinafter “subcontract Act”).

B. On December 7, 2016, B entered into a contract for construction works that the Defendant and the Incheon Cheongjin-gun entered into as a contract for construction works, with the amount of the construction cost of KRW 6,515,979,700 (including value-added tax) and the construction period from December 7, 2016 to August 6, 2018.

(hereinafter the above construction work refers to “the instant construction work,” and the above construction cost claim is referred to as “the instant construction cost claim”).

On April 17, 2017, the Plaintiff, a company engaged in facility construction business, etc., entered into a subcontract agreement with each of the construction cost of 996,60,000 won (including value-added tax) and the construction period from April 17, 2017 to August 1, 2018.

(hereinafter referred to as the “instant subcontracted project,” and the said subcontracted project contract is called the “instant subcontracted project”). D.

Since the conclusion of the instant subcontract construction contract, the Defendant agreed with B and the Plaintiff to pay directly the subcontract price under the instant subcontract construction contract with the Plaintiff on April 2017.

(hereinafter referred to as the “instant direct payment agreement”) E.

The plaintiff from April 17, 2017 to the same year.

5. Until March 31, 200, construction work was suspended due to the fact that construction work was not paid in B under the instant subcontracting contract.

F. Around May 24, 2017, the instant construction was suspended due to the failure to pay equipment costs to the equipment company. As such, when the construction was discontinued for several months due to a cause attributable to B, the Defendant inspected the completedness of the instant construction works on November 27, 2017 and on the 28th day of the same month.

As a result of the sex examination, the amount to be reduced was recognized as KRW 664,340,678.

. Of them:

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