(영문) 인천지방법원 2017.05.24 2016가단45532

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(영문) 인천지방법원 2017.05.24 2016가단45532

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 1, 2016, the Defendant: (a) concluded a contract with the KCABD Co., Ltd. (hereinafter “instant interior project”) with the construction period up to July 20, 2016; and (b) KRW 50,000,000 of the construction amount.

B. The KAFC subcontracted part of the instant interior works to the Plaintiff from June 15, 2016 to July 27, 2016.

C. On the other hand, as the instant interior Corporation did not run properly, the Defendant and the KINC settled the construction cost of KRW 360,000,000 on August 12, 2016, and the Defendant paid the said amount to the KINC, thereby cancelling the agreement on the instant interior construction contract.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. The gist of the Plaintiff’s assertion was that the Defendant directly observed the subordinate construction work of the interior works of the interior works of the instant interior works, and that the Defendant recognized the payment responsibility for the part of other subcontractors under the same conditions.

In addition, since the plaintiff did not receive the subcontract price from the KNFC, the defendant, who is the contractor, shall directly pay 24,600,000 won to the plaintiff, who is the subcontractor.

3. The judgment on the cause of the claim shall be examined, and the fact that the plaintiff entered into a subcontract with the KNFC and did not directly conclude a contract with the defendant is as seen earlier. It is not sufficient to recognize the fact that the defendant agreed to pay the subcontract price directly to the plaintiff by only the statement in the evidence Nos. 1 and 4, and it cannot be deemed that the defendant is liable to pay the above price to the plaintiff only due to the circumstances asserted by the plaintiff.

Therefore, the plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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