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(영문) 수원지방법원 2017.09.21 2016나76824
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence 1 to 5 and evidence 5-1, 2, and Eul evidence 2 and 3 may be admitted, taking into account the whole purport of the pleadings:

The Plaintiff is an individual entrepreneur engaged in the team construction, etc., and the Defendant is a stock company engaged in the business of Changho Construction and Iron Construction, etc., and C (hereinafter referred to as “C,” and even in the case of entering another company name, the entry of “stock company” is omitted) is a stock company engaged in the business of windows, metal construction, etc.

B. Around April 30, 2015, the Defendant was awarded a subcontract for D New Construction Works from Maco Engineering (hereinafter “instant Construction Works”), and entered into a subcontract for construction re-subcontract with C to re-subcontract at KRW 921,20,000 (the amount including value-added tax) for the said creative and panel construction works subcontracted to Maco Engineering. Around June 2015, the Defendant entered into a subcontract for construction works with the Plaintiff to re-subcontract at KRW 921,20,00 (the amount including value-added tax). Around June 2015, the Plaintiff entered into a subcontract for construction works to re-subcontract the said creative and panel construction works (hereinafter “instant Construction Works”).

C. After doing so, the Plaintiff performed the printing body construction of this case, which was sub-subcontracted through the sco engineering (subcontract), the Defendant (subcontract), and C (re-subcontract). The Plaintiff claimed payment of the construction cost to C, but did not receive it.

On January 28, 2016, G in charge of Macco Engineering held a meeting relating to “B wage” (hereinafter “instant meeting”) during the attendance of the Plaintiff, the Defendant’s director E, the actual representative of C, I (C), other re-subcontractors, and J (C) at the site office of the instant construction project. At the instant meeting, the following contents are as follows.

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