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(영문) 서울중앙지방법원 2016.03.25 2015가합539357
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On April 2014, the Plaintiff’s written contract for each of the instant construction contracts (former trade name: Non-Comprehensive Construction Co., Ltd.; hereinafter “Plaintiff”) and Defendant D Money Korea entered into a construction contract with Defendant D Money Korea Co., Ltd. (hereinafter “Defendant D Money Korea”) under which the Plaintiff entered into a contract with Defendant D Money Korea for construction works of new neighborhood living facilities located in Gwangju City for the period from April 1, 2014 to August 15, 2014; the construction contract was entered into between the Plaintiff and the Defendant with the terms that the Plaintiff entered into a contract for construction works of new neighborhood living facilities located in Gwangju City for the period from April 1, 2014 to August 15, 2014; and on the same day between the Plaintiff and the Defendant, the Plaintiff entered into a contract for construction works with the term from April 1, 2014 to August 15, 2014.

(2) The construction work of each of the instant building in Gwangju City D and C shall be “each of the instant buildings,” and the construction work of each of the instant building shall be “the primary construction work,” and each of the instant construction contracts shall be “each of the instant construction works” (hereinafter “the instant construction contract”).

On the other hand, on April 2, 2014, the Plaintiff entered into the instant agreement with MN Co., Ltd. (hereinafter “SN”) with respect to the primary construction of the instant primary construction (hereinafter “instant agreement”) as follows.

The plaintiff who directly executes the contract with the non-party company to which the contract was delegated in relation to the primary construction of this case ordered by the owner of the contract, Defendant d money Korea, and A, the owner of the contract, shall enter into an agreement with the following terms:

[Article 1] Objectives

1. The non-party company entrusted with the above construction works, separate from the contract for the submission of the starting field with respect to the first construction works in this case, shall enter into a substantial contract with the plaintiff to successfully complete the construction works, and the non-party company shall enter into a subcontract with the plaintiff for the construction works (the steel frame, board, etc.) and other construction works (the toilet/electric facilities, etc.).

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