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(영문) 의정부지방법원고양지원 2016.10.28 2015가단94302
양수금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C introduced, as the introduction of Nonparty E, the executive director of the D Co., Ltd., and from F Co., Ltd. (hereinafter “F”), G and six parcels of land, and, upon agreement with the Defendant, decided to carry out the said construction under the name of the Defendant as the head of the field office.

B. Around May 26, 2010, the Defendant entered into a contract with F to carry out construction works on the land other than G and six parcels (hereinafter “the first reinforcement works”) from May 26, 2010 to June 30, 2010 with the contract amount of KRW 250,00,000, and the construction period from May 26, 2010 to June 30, 2010, and C, as the field manager, carried out the said construction works. C under the above contract, while carrying out the first reinforcement works, as the first reinforcement works with F, separately from the first reinforcement works with F, entered into a contract with F to enter into a contract for construction cost of KRW 134,97,500.

C around the end of July 2010, the first and second reinforcement works were removed.

E. F did not pay any balance in the above construction contract, the Defendant filed a lawsuit seeking payment of the remainder amount of KRW 135,000,000 for the first reinforced soil and KRW 134,97,500 for the second reinforced soil and KRW 269,97,500 for the remainder amount of the construction contract and the second reinforced soil and KRW 134,97,500 for its delay damages, and the first reinforced soil and KRW 135,00,000 for the first reinforced soil and its delay damages.

On the other hand, on September 15, 2010, C filed a lawsuit with Nonparty H seeking payment of KRW 125,00,000 for the construction cost of the second reinforced soil works, and KRW 9,97,500 for the remainder of August 11, 2011, and notified the transfer of the claim. H filed a lawsuit seeking payment of KRW 134,97,50 for the second reinforced soil work cost as Incheon District Court 201Ga7327 and delay damages therefor.

F. In a lawsuit claiming the payment of the construction cost filed by the Defendant against F, F on July 13, 2012, the first instance is against the Defendant.

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