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(영문) 광주지방법원 2019.06.14 2018가단511862
공사대금
Text

1. Defendant D Co., Ltd. shall pay to Plaintiff B KRW 18,352,00 and interest thereon from July 28, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is the owner of each of the above construction works as to the new apartment construction works in Gwangju Metropolitan City E apartment (hereinafter “E”) and Gwangju Metropolitan City F apartment construction works (hereinafter “F Corporation”). Defendant D Co., Ltd. (hereinafter “Defendant D”) is the subcontractor as prescribed by the Fair Transactions in Subcontracting-si Act (hereinafter “G Corporation”) with respect to the new construction of apartment buildings in Gwangju-si, Gyeonggi-do (hereinafter “G Corporation”), and H Co., Ltd. (hereinafter “H”) is the subcontractor as to each of the above construction works, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) and Plaintiff B is the subcontractor as prescribed by the Subcontract Act to which part of the above construction work was entrusted.

B. 1) On October 25, 2017, H subcontracted the part of the construction work and installation of a bathing room for each of the above construction works to the Plaintiff on October 25, 2017 after having been awarded a contract for construction work and a subcontract to the Defendant C, and around October 25, 2017 (with respect to the construction cost, the construction work for each of the above construction work and the construction work for the building of a new apartment and a bathing room for each of the new apartment and the new construction work for Gwangju Metropolitan City J apartment as well as the construction work for each of the above construction work,

(2) Around August 10, 2017, Plaintiff B subcontracted the cost of the household construction work during the instant construction work to Plaintiff B in the amount of KRW 165 million. 2) A subcontracted the cost of the construction work during the instant construction work to Plaintiff B in the amount of KRW 90 million on May 29, 2017, after receiving a contract from Defendant D for the household construction during the instant construction work.

3) The Plaintiffs completed each construction subcontracted as above. C. H’s written consent of non-performance and demand against the Plaintiff around November 24, 2017, around November 2017.

Title: E A request for direct payment of construction work (hereinafter referred to as “instant request for direct payment”) is being undertaken upon entering into a contract with the E company (Defendant C).

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