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(영문) 수원지방법원 안산지원 2021.01.06 2020가단68410
공사대금
Text

Defendant C Co., Ltd. shall pay to Plaintiff A KRW 54,350,000, KRW 110,000,000 and each of the above amounts to Plaintiff B.

Reasons

1. Basic facts

A. A. Around January 2019, Defendant D Co., Ltd (hereinafter “Defendant D”) entered into a subcontract with Defendant C Co., Ltd. (hereinafter “Defendant C”), with respect to the interior works of officetel construction in Seopo-si E in Seopo-si (hereinafter “instant subcontracted works”).

B. On February 25, 2019, Plaintiff A, who is engaged in construction business under the name of F, entered into a re-subcontracting agreement with Defendant C, setting the amount of construction cost as KRW 6,150,000 (including value added tax) for light works among the subcontracted works in this case.

(c)

On March 15, 2019, Plaintiff B, who is engaged in construction business in the name of G, entered into a re-subcontracting agreement with Defendant C, with the amount of construction cost of KRW 135,000,000 (including value added tax) for the unused construction among the subcontracted construction in this case.

(d)

The Plaintiffs completed each of the above projects that were subcontracted by July 2019.

【Fact-finding without a dispute over recognition, Gap evidence Nos. 1 and 4, Eul evidence No. 3, the purport of the whole pleadings

2. In full view of the facts as seen earlier, the Plaintiffs’ determination as to the claim against Defendant C among the subcontracted projects in this case from Defendant C, and the Plaintiff B’s sub-subcontracted and completed the entire process from July 2019, it can be acknowledged that Defendant C was KRW 54,350,00 (including value added tax) with the amount unpaid until the time out of the price of the subcontracted construction projects that the said Plaintiff re-subcontract subcontracted to Defendant C around November 15, 2019, and the amount unpaid until the time out of the price of the sub-subcontracted construction projects (including value added tax). In full view of the respective entries and arguments in Articles 6 and 7, and the overall purport of the arguments, Defendant C confirmed that the amount unpaid until the time out of the price of the subcontracted construction projects that the said Plaintiff re-subcontract subcontracted to the Plaintiff in the future is KRW 110,00,000 (including value added tax).

According to this, Defendant C shall pay to Plaintiff A the above KRW 54,350,000, the above KRW 110,000,000, and the delayed damages to Plaintiff B, except in extenuating circumstances.

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