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(영문) 서울북부지방법원 2015.02.13 2014가단9820
공사대금등
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On March 7, 2012, the Defendant concluded a construction contract with Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant with the content that the construction cost for the new construction of an urban-type residential house (hereinafter “instant building”) on the G G G in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”) owned by the Defendant shall be KRW 1,058,000,000 (excluding value-added tax) and awarded the contract to the Nonparty Company, and the Nonparty Company shall pay the amount equivalent to 30% of the said construction cost as the payment for partial completion at the time of the completion of the structural construction of the instant building.

B. Around that time, Nonparty Company entered into a contract with H and the instant building with the content of subcontracting construction cost of KRW 239,400,000,000, among the new construction works of the instant building.

C. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties supplied each part of the above structural construction from H re-subcontracts or materials for construction. The Plaintiff supplied each steel bars and the designated parties C supplied each steel bars, and the designated parties D had built reinforced concrete building works, and the designated parties E was a tree.

In August 2012, the structural construction of the building of this case was completed, and the non-party company renounced the construction work around October 2012.

On the other hand, the defendant completed the building of this case by continuing the new construction, and on February 21, 2013, the registration of preservation of ownership was completed due to the entrustment of provisional seizure registration.

E. The Defendant paid the Nonparty Company KRW 260 million in total, including KRW 100 million on May 22, 2012, KRW 290 million on June 29, 2012, and KRW 60 million on October 16, 2012.

F. Meanwhile, with respect to the structural construction of the instant building, the Defendant directly paid KRW 82.6 million in total to the Plaintiff, the designated parties, H, I, etc. as shown in the attached Table.

(In addition, on October 16, 2012, the Defendant paid to J KRW 32,225,00 in total, including KRW 19,225,00,00, and KRW 10,000, and KRW 32,225,00 in field expenses, to L: the ground for recognition.

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