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(영문) 서울중앙지방법원 2015.01.29 2014가합504804
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 15, 2012, Jinjin C&P Co., Ltd. (hereinafter “S&PP”) subcontracted the said construction to F on March 17, 2013, with the contract price of KRW 900 million (value-added tax exemption), the construction period from March 15, 2012 to August 15, 2012; the payment for the completion of the first construction period from March 15, 2012 to August 15, 2012; and the payment for the completion of the first construction period from March 4 to March 17, 2013, with the payment for the completion of the first construction period of KRW 823,200,000 (value-added tax separate).

B. Thereafter, on May 23, 2012 between the Plaintiff and G, on May 23, 2012, Jinjin C&P entered into a subcontract with the subcontractor and G on the subcontract cycle, setting the contract amount of KRW 350,000,00 (not value-added tax) for the part of the instant reinforced concrete construction project (hereinafter “instant reinforced concrete construction project”), from May 24, 2012 to July 23, 2012, the completed portion of the construction period was paid first after the completion of the steel structure of the third floor and the second payment within 10 days after the completion of the steel structure.

C. On January 20, 2014, the Plaintiff entered into a contract with G to acquire the claim for construction price claim of KRW 109,624,00 from G to the Defendants. At that time, the Plaintiff notified the Defendants of the transfer of the claim.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 7, 8, Eul evidence 1 and 2, witness F's partial testimony, witness H's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion F did not properly carry out the instant new construction, and was delegated to F, and was subcontracted part of the instant reinforced concrete construction to the Plaintiff and G. The Defendants were unable to go F to the instant new construction site, and the Defendants agreed to pay the construction cost directly to the Plaintiff, who is the ordering person, to the Plaintiff.

Accordingly, the Plaintiff from May 25, 2012 to the point of view.

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