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(영문) 대전지방법원천안지원 2019.01.18 2017가합103392
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On July 28, 2016, the Defendant issued a contract to Nonparty G with the construction cost of KRW 1,255,000,000 (including value-added tax) and the construction period from July 22, 2016 to December 30, 2016.

B. On November 24, 2016, G entered into a subcontract with the Plaintiff’s Intervenor for the instant construction work amounting to KRW 1,140,000,000 (excluding value-added tax) and the construction period from November 25, 2016 to January 30, 2017.

C. On October 31, 2016, Plaintiff A entered into a contract with the Intervenor joining the Plaintiff on the construction cost of 280,500,000 won (including value-added tax; hereinafter the same shall apply) with respect to the structural works among the instant construction works, and Plaintiff D entered into a contract with the Intervenor joining the Plaintiff on October 31, 2016 for electrical construction costs of 70,125,000 won for the instant construction works among the instant construction works and carried out electrical construction works. Plaintiff B entered into a contract with the Intervenor joining the Plaintiff on October 31, 2016 for the construction cost of 48,180,000 won for the instant construction works among the instant construction works, and Plaintiff C entered into a contract with the Intervenor joining the Plaintiff on January 17, 2017 for the construction cost of 150,700,000 won for the instant construction works and continued the construction works.

【Reasons for Recognition】 Evidence Nos. 2, Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiffs' subrogation claim

A. The plaintiffs' assertion is that the defendant is the client and G is the original beneficiary, and the defendant is obligated to directly pay the subcontract price to the plaintiff's supplementary intervenor who entered into the subcontract with G pursuant to Article 14 (1) of the Subcontract Act or Article 35 (2) of the Framework Act on the Construction Industry. The plaintiffs are creditors who have not received part of the contract price from the plaintiff's supplementary intervenor, and the plaintiff's supplementary intervenor is currently insolvent, and thus, the plaintiff's supplementary intervenor

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