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(영문) 서울남부지방법원 2016.06.30 2014가합115392
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants, as the parties, are the clients of the 5-dong 36-dong 36-dong dong 1, Kimpo-si Construction Project (hereinafter “instant construction”), and the Plaintiff is the subcontractors of the instant construction project.

B. The Defendants, around November 2008, contracted the instant construction work at KRW 2.355 billion in the cost of construction at the time of the instant construction work, in respect of the towing Design Co., Ltd. (hereinafter collectively collectively referred to as the “Towing Construction”) and the Design Construction Co., Ltd. (hereinafter collectively referred to as the “Towing Construction”).

Meanwhile, on February 19, 2009, Jinwon Construction subcontracted the instant construction work to Jinwon Construction Co., Ltd. (hereinafter “Jinwon Construction”) at KRW 2.1 billion for the construction cost, and Jinwon Construction Co., Ltd. at KRW 2.1 billion for the same year.

7. 2. The Plaintiff re-subcontracted the construction cost of KRW 725 million among the instant construction works to the Plaintiff.

C. On June 16, 2009, Jinwon case prepared a construction abandonment note (No. 4-1 and No. 2) stating that "Jinwon case was contracted with the Defendants for the instant construction, but fails to complete the instant construction by November 16, 2009," with the Defendants on June 16, 2009. However, Jinwon case failed to complete the instant construction by November 16, 2009, and the Defendants notified the Defendants of the termination of the contract on the ground of the breach of the said agreement (the Defendants also notified to Jinwon Construction on the ground of the breach of the contract).

(2) On November 16, 2009, the Defendants again contracted the instant construction work to F with the term of KRW 2.5 billion for the construction cost (However, the period was to transfer part of multi-household houses to be newly built in lieu of the payment of the construction cost) and on June 30, 2010, and F comprehensively acquired the rights and obligations related to the instant construction work by taking over the rights and obligations of the existing construction business chain operator.

However, F failed to complete the instant construction by June 30, 2010, and the Defendants did not perform the said construction by the same year.

7.2.F.

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