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(영문) 서울남부지방법원 2018.05.24 2016가단259954
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are those engaged in each civil engineering and building facility construction business (Plaintiff A), construction materials (Plaintiff B, C, D, E), gas stations (Plaintiff F), heavy equipment leasing business (Plaintiff G and H). The Defendant is a company with the business purpose of manufacturing metal structures and steel products.

B. On May 29, 2013, the Gangwon-gu Local Government Procurement Service concluded a contract for construction works (hereinafter “each of the instant works”) with respect to “K” as to “K” around June 3, 2013, and with respect to “M” as to “M” around June 17, 2013.

C. On July 2013, J subcontracted each of the instant works to Non-Party Limited Partnership N (hereinafter “N”) that is a company operating an civil engineering work (hereinafter “N”), 50,000 won through 55,00 won (K Corporation) or 42,00 won (M Corporation) per meter.

Plaintiff

A participated in each of the instant works by using daily labor workers, including NonpartyO, and paying some wages and food for them.

The rest of the plaintiffs also participated in the supply of building materials or oil at each construction site or leasing of heavy equipment at each construction site.

[Ground of recognition] The fact that there is no dispute, Gap 3, 4, 8, 9 (including paper numbers, hereinafter the same shall apply), Eul 2, 3, and the purport of the whole pleadings

2. As to the Plaintiff A’s claim (hereinafter “Plaintiff”)

A. Under the premise that the company subcontracted each of the instant construction works to N after being awarded a contract with the Gangwon Local Government Procurement Service, the Plaintiff asserts that the Defendant requested the Plaintiff to complete the remaining construction works due to the failure to manage the construction works of the above N, and that the Plaintiff received some payment from the Defendant, and thus, the Defendant is obliged to pay the remainder of the construction work that has not been paid to the Plaintiff.

However, the Defendant contracted each of the instant construction works to N.

(b).

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