(영문) 수원지방법원 2015.04.09 2014가단56450

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(영문) 수원지방법원 2015.04.09 2014가단56450

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion was that the said company received a subcontract from the KS Construction Co., Ltd. (hereinafter “Nonindicted Company”) to the Plaintiff among the construction works of Goyangwon A6 Blue apartment (section 3) located in Gyeyang-gu, Gyeyang-gu. The Defendant re-subcontracted the construction work for the supply and construction of composite heat among the said construction works (hereinafter “instant construction work”). From May 16, 2013 to October 31, 2013, the construction cost was KRW 316,313,920, and re-subcontracted to the Plaintiff.

The Plaintiff supplied and executed the instant construction site at the instant construction site according to the Defendant’s re-subcontract, but the Plaintiff received only KRW 202,00,000 as the price for goods and the construction cost, and did not receive the remainder of KRW 45,500,000 (=247,500,000 - 202,000,000). As such, the Plaintiff sought payment of the unpaid goods and the construction cost (hereinafter “paid construction cost”).

B. The gist of the Defendant’s assertion is that the Plaintiff directly subcontracted the instant construction project from the Nonparty Company, and was not sub-subcontracted by the Defendant.

However, since the non-party company cannot directly place an order for the construction of this case to the plaintiff, it is nothing more than preparing a subcontract as if the defendant directly re-subcontracts the construction of this case to the plaintiff for the convenience of the non-party company and the plaintiff.

Therefore, the Defendant is not a contracting party who subcontracted the instant construction work to the Plaintiff.

In addition, even if the Defendant is a contracting party, there was a separate agreement between the Plaintiff and the Plaintiff to not bear any legal liability relating to the instant construction project at the time of the said agreement, and thus, the Defendant does not bear any legal liability against the unpaid construction cost.

2. Determination:

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