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(영문) 인천지방법원부천지원 2014.05.15 2013가합5946
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 Plaintiff is a person who operates a building company with the trade name of “D,” and the Defendants are those who share the building volume of 501.8 square meters in Nam-gu Incheon Metropolitan City E large 501.8 square meters (hereinafter “instant land”) with 1/2 shares, and are the owner of a new multi-household housing construction project on the above land.

On the other hand, the non-party corporation's flag (hereinafter "originality") is a company whose business purpose is civil engineering and construction work business.

B. On November 6, 2012, between Defendant C and C, to newly construct a multi-household housing with a reinforced concrete structure with a size of five stories above the instant land (hereinafter “instant housing”) on the instant land, and the construction period was set up by April 30, 2013, a standard contract for private construction works, the construction cost of which is KRW 749 million (excluding value-added tax) (Article 1-1).

C. In addition, on November 6, 2012, between the plaintiff and the plaintiff, the above seal was affixed.

Before December 30, 2012, the construction period of reinforced concrete construction among the new construction works described in paragraph (1) (hereinafter referred to as “the instant aggregate construction works”) was completed by standard subcontract agreement (No. 2) that sets forth the construction amount of KRW 190 million (excluding value-added tax).

The Plaintiff completed the instant structural construction around the end of February 2013, and the Defendants obtained approval for the use of the instant housing from the competent Gu office on June 27, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. On November 6, 2012, the Plaintiff’s summary of the Plaintiff’s assertion: (a) was directly supplied with the instant aggregate construction by the Defendants; (b) however, in form, the Plaintiff was awarded a contract for a new construction work from the Defendants to subcontract the part of the said construction work to the Plaintiff; and (c) drafted each construction contract.

Then, the Plaintiff completed the instant structural construction in accordance with the said contract between the Defendants.

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