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(영문) 의정부지방법원 2019.01.16 2016가단1205
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff received a subcontract from the Defendant to complete three construction works (hereinafter “each of the instant construction works”) as follows, and was not paid the subcontract price as follows:

1) On September 23, 2013, the Defendant subcontracted the Plaintiff with D elementary school car and station extension work in Gangwon-gun C, Gangwon-gun, and the subcontract price that did not have been received is KRW 6,756,192.2) The Defendant subcontracted the Gangnam-gun E work around October 10, 2013, and the subcontract price that did not have been received is KRW 56,139,382.

3) Around November 5, 2013, the Defendant subcontracted the Gangnam-si Construction Project, which was unpaid, to the Plaintiff at KRW 3,536,594. B. The Plaintiff paid KRW 2,937,30 to the Defendant for the purpose of facilitating each of the instant construction works. Therefore, it is difficult to recognize that the Defendant was charged with the Plaintiff with the construction work of KRW 96,432,168 (= KRW 6,756,192 E 56,192 KRW 56,139,382 KRW 33,536,594) and the construction work of KRW 2,937,300 (= KRW 96,432,168,937,930) and damages for delay on the ground that each of the instant construction works was not registered with the Plaintiff, and each of the instant subcontracting charges was not registered with the Plaintiff.

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