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(영문) 광주지방법원목포지원 2015.09.23 2014가단10616
공사대금
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On the ground of the judgment of the Jeonnam-gun District Court, the Defendant agreed to entrust the construction of and extension to the Defendant’s factory (hereinafter “instant construction”) to the K Limited Company (hereinafter “K”). On August 12, 2013, the Defendant entered into a contract between K and K for construction of KRW 833,00,000 (excluding value-added tax) with respect to the said construction, and the construction period from August 12, 2013 to February 28, 2014 (hereinafter “instant contract”). The Plaintiffs subcontracted the instant construction from K and performed the instant construction work.

B. However, the defendant had a problem of non-construction without the consent of the factory operation and the office construction part, and paid K part of the above construction cost.

C. Meanwhile, the written subcontract payment agreement (direct payment) signed by K around May 15, 2014 by the actual operator of K (hereinafter “instant direct payment agreement”) stating that “I agree to pay 98,230,000 won to the subcontractor for the subcontracted part executed by the Plaintiffs, who are the subcontractors in connection with the instant contract, directly to the subcontractor, and I swear that I will not raise any objection thereto.”

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, purport of the whole pleadings

2. According to the plaintiffs' assertion, the plaintiffs have the same subcontract consideration claim (total 98,320,000 won) as the amount stated in their respective claims against K according to the execution of the construction of this case. The defendant's representative director M expressed his intention of direct payment in accordance with the above agreement after receiving the letter of direct payment through plaintiff H.

Therefore, since the agreement between the defendant, K, and the plaintiffs on the direct payment of the subcontract price has been reached, the defendant is obligated to pay the plaintiffs the subcontract price and the damages for delay as stated in the purport of the claim.

3. Determination.

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