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(영문) 서울중앙지방법원 2018.06.22 2017가합582744
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 contract agreement between the defendant and the Dong non-construction corporation 1) Dong non-construction corporation (hereinafter “Dong non-construction”).

(A) On April 14, 2016, Defendant and the rest area among the construction works for the construction works for the construction works for the construction works for the rest area (hereinafter “construction works for rest area”).

(i) 5,036,900,000 won (including value added tax; hereinafter the same shall apply) for the construction cost;

(A) On December 7, 2015, a contract for the supply of and demand for, and construction works on the place of business among the construction works on the expressway No. 4 sections (hereinafter “construction works on the place of business

(2) The construction made an agreement to pay in cash or in lieu of a security deposit to the Defendant not later than the payment of the construction cost after completion of the warranty bond equivalent to 3% of the construction cost.

3) On September 27, 2017, Dong Non-Construction and the Defendant settled the construction cost of the construction work for the construction work at the place of business at KRW 2,927,320,478, and the construction cost of the construction work for the rest area at KRW 6,535,06,402, respectively. (B) Dong Non-Construction and the Plaintiff’s subcontract price 1) Dong Non-Construction enter into a contract on November 1, 2016 to subcontract the construction cost of KRW 518,10,000 among the construction work at the place of business to subcontract for the metal and windows construction work at KRW 843,436,00 among the construction works for the rest area, and thereafter, on June 30, 2017, the above construction cost was changed to KRW 660,000,000,78,700,000.

2) The Plaintiff was not paid KRW 657,80,000 out of the total construction cost of KRW 1,448,700,000 (i.e., construction work at a place of business 660,000,000) (i.e., construction work at a place of business 788,700,000). On June 30, 2017, Dong Non-Construction prepared and delivered a letter that the Plaintiff would pay KRW 657,80,000 to the Plaintiff by September 15, 2017. (iii) On the other hand, Dong Non-Construction’s application for rehabilitation and payment of the Defendant’s subcontract price to the Plaintiff was filed with the Seoul Rehabilitation Court as 2016,0294, Dec. 30, 2016.

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