logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.11.20 2013가단60758
양수금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

On December 21, 2012, the Defendant Company B Co., Ltd. (hereinafter “B”) contracted for construction work with the Defendant with the Defendant for the construction work of blocks and soil-frameing construction work (hereinafter “instant construction work”) at KRW 401,93,100 (amended by KRW 438,933,100 on February 28, 2013), and with respect to D, contracted for KRW 1,508,06,900 in total for KRW 1.97 million (including modified parts).

The construction discontinuance B continued to perform the above construction work and suspended some of the construction work in the order of June 2013.

Since then, the subcontractor in B continued the construction until July 2013, but the construction was again suspended.

After the cancellation of the construction contract of this case after the suspension of the construction work of this case, there was a dispute regarding the payment of the construction price to the subcontractor without the resumption of the construction work, and the defendant expressed his intention to cancel the construction contract of this case to B on August 20, 2013.

Since then, the defendant tried to settle the contract price between B and B, but the settlement of the contract price was not made.

Around February 2013, the Defendant paid KRW 350 million to B on the pretext of the progress payment once, and around March 2013, the advance payment of KRW 100 million to Ha Nam Construction Co., Ltd., Ltd., and paid KRW 35 million for progress payment to B. From February 2013 to June 2013, the Defendant directly paid KRW 1,142,500,000 for the total amount of the advance payment for the work from February 2, 2013 to June 2013.

As such, from February 2, 2013 to July 2013, the Defendant paid the construction cost of KRW 1.627 billion in total to B.

On the other hand, B, after receiving a contract for the above construction work, leased the construction equipment, such as digging machines, etc. from Plaintiff A, and subcontracted the work of removing and bringing in earth and sand to Plaintiff C, and B has undertaken the construction work. The above digging machines, etc. and earth and sand are removed to the Plaintiffs.

arrow