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(영문) 광주지방법원 2015.09.03 2014가단34961
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The Defendant (around May 7, 201, when using the trade name as C Co., Ltd.) related to the contract and subcontract of the primary primary construction works, changed the trade name to D Co., Ltd. on May 7, 201, and changed to the trade name as of April 28, 2011; hereinafter referred to as “Defendant, regardless of the point of time”) was determined and contracted on April 27, 2009 as the price for E Co., Ltd. (the primary portion was changed to KRW 395,760,000) and as of December 27, 2009.

On May 18, 2009, F Co., Ltd. was subcontracted to 51,370,000 won for reinforced concrete construction among the above primary works (amended by 42,700,000 won on December 22, 2009) by Defendant.

Since then, F Co., Ltd. completed the subcontracted steel congested construction, and the remainder of the construction was completed by the Defendant directly paying the price to the actual construction company and its employees, and the site management was conducted by F Co., Ltd. at the time.

The Defendant paid all the subcontract price to F Co., Ltd., and paid all the construction cost incurred in the direct management process.

The Defendant, with respect to the contract and subcontract for the second-minuteed construction, was awarded a contract on December 7, 2010 for the second-minuteed construction, following the said first-minuteed construction, and was awarded a contract on December 7, 2010 for the second-minuteed construction (the second-minuteed construction was changed to KRW 747,202,00 (e.g., KRW 733,336,000) and the scheduled completion date.

On February 11, 2010, F Co., Ltd. was subcontracted to 352,00,000 won (amended by 414,000,000 won on April 1, 2010) of Saturdays among the above secondary works from the Defendant.

Since then, F Co., Ltd. completed subcontracted construction, and the rest of the construction was completed by the Defendant, like the first minute construction, directly paying the price to the actual construction company and its employees. On-site management was conducted by the Plaintiff, who was a director of F Co., Ltd. at the time.

The defendant paid the above subcontract price to F Co., Ltd., and occurred in the process of direct management.

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