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(영문) 의정부지방법원고양지원 2015.10.07 2014가합50975
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 2013, the Defendant entered into a construction contract (hereinafter “instant construction contract”) with the Defendant’s Intervenor on the condition that the construction cost shall be KRW 170 million, and the construction period shall be from March 21, 2013 to June 30, 2013, the Defendant would be paid KRW 300,000 (50,000,000,000,000,000) out of the said construction cost, on the ground that the Defendant would contract construction works to create factory sites on D ground (hereinafter “instant construction works”).

B. On October 2, 2013, the Defendant prepared and delivered to the Plaintiff a document stating that “The instant construction contract was made by the Defendant and the Intervenor, and the Plaintiff as a construction manager proves that the construction work was completed.” On October 15, 2013, the Defendant drafted and delivered a payment note (hereinafter “instant payment note”) with the following content as follows.

The real estate indication: The construction cost of D (factory Site Construction: 150 million won (see, e.g., the contract at the time of payment of substitutes) shall be the price for the ground D at the time of the strike, and shall be paid to the defendant assistant to the principal contractor, but shall be paid by the principal contractor to the defendant assistant to the principal contractor, who is the recipient of the construction from the beginning.

However, the land owner shall be given notice of the payment of the construction price to the supplementary intervenor of the construction contract, and shall be paid to the plaintiff only in the absence of the payment claim in October 25, 2013.

Time limit for payment: The fact that no dispute exists over October 30, 2013 [based on recognition], the entries in Gap evidence 1, 2, and 3, the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1) First, the Defendant shall pay the Plaintiff the construction cost of KRW 150 million in accordance with the instant payment note. 2) Preliminaryly, the Plaintiff is the Intervenor’s Intervenor.

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