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(영문) 광주지방법원 2021.02.18 2020가단512608
공사대금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On July 4, 2017, B Co., Ltd. (hereinafter “Defendant Company”) contracted to D Co., Ltd. (hereinafter “D”) for construction of a new factory in Gun E-si (hereinafter “instant factory construction”) between July 6, 2017 and December 30, 2017, setting the contract amount as KRW 2,17,852,00 for D and the construction period as between July 6, 2017 and December 30, 2017.

2) On September 1, 2017, a contract was drafted between D and F (hereinafter “F”); the contract amount was KRW 245,000,000 for the construction period; and D from September 1, 2017 to December 30, 2017 for the electrical construction of the instant plant (hereinafter “instant electrical construction”) to subcontract to F.

Since then, the construction period of the instant electrical construction contract was changed on April 30, 2018.

3) Around September 1, 2017, F commenced the instant electrical construction and completed the said construction on or around January 2018.

B. On December 3, 2018, F filed a lawsuit against D on December 3, 2018, seeking payment of KRW 145,000,000,000 for the instant electrical construction from the Gwangju District Court 2018Gudan81568. The copy of the complaint in the instant case was served on D on December 10, 2018.

2) The Gwangju District Court rendered a judgment citing F’s claim, and D appealed as the Gwangju District Court 2019Na 53951.

3) At the appellate court, D was awarded a contract only for construction work except electrical construction, etc. in the instant factory construction work by the Defendant Company. A formal contract for construction work that the Defendant receives from the Defendant Company to the entire contract for construction work for the convenience of loans to the Defendant Company.

In other words, F is a direct contract for the instant electrical construction by the Defendant Company, not D, and the subcontract agreement entered into between D and F is null and void as it constitutes a single false representation.

“The assertion was made.”

4) The Gwangju District Court concluded a subcontract between D and F on December 6, 2019 with a single false indication.

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