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(영문) 수원지방법원 2016.06.23 2015가합66802
공사대금
Text

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

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

Reasons

1. Basic facts

A. The Defendant is the operator of the development project for the complex complex in the Yongsan-si District Complex.

B. The lender Construction Co., Ltd. (hereinafter referred to as the “Large Construction”) was awarded a contract for the construction of the said development project (hereinafter referred to as the “instant construction”) that the Defendant performed, and the Jeju Construction Co., Ltd. (hereinafter referred to as the “New Construction”) was awarded a subcontract for the construction of soil and reinforced concrete during the instant construction from the lender construction. The Plaintiff was re-subcontracted for the installation of reinforced earth retaining walls during the subcontracted construction from the subcontractor construction.

C. On March 21, 2008, 2008, 280 million won out of the construction payment on March 21, 2008, 2008, and 280 million won out of the construction payment on March 24, 2008, 200 million to the Plaintiff respectively.

around May 2010, 2010 requested the Defendant to pay KRW 374.6 million to the Plaintiff out of the construction cost of the Interest Construction.

[Ground of recognition] The fact that there is no dispute, Gap's 6 or 9 evidence, and the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's claim

A. The claim 1) The construction on the ground that the Plaintiff did not pay KRW 560 million to the Plaintiff, on behalf of the Plaintiff, transferred KRW 560 million out of the claim for the construction payment against the lender to the Plaintiff by means of demanding a direct payment of the said construction payment on behalf of the Plaintiff. Since the Defendant, for whom the lender had defaulted, succeeded to the status of the contractor, the Defendant acquired the obligation to pay the construction payment of KRW 560 million from the lender. The Plaintiff filed a claim for the payment of KRW 374.6 million out of the above construction payment amount of KRW 560 million and the delayed payment thereof. The Plaintiff filed a claim against the Defendant for the payment of KRW 560 million from March 21, 2008 and March 24, 2008, the Defendant requested the Plaintiff to pay the construction payment of KRW 280 million to the lender each of the construction payment of KRW 280 million on behalf of the Plaintiff. In full view of the purport of the oral argument as seen earlier, the Defendant’s allegation No. 201.7.21.

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