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(영문) 서울중앙지방법원 2019.07.18 2018가단5145263
공사대금
Text

1. Defendant B Co., Ltd.: 34,395,300 won and 6% per annum from November 28, 2016 to July 18, 2019.

Reasons

1. As to the Plaintiff’s application for modification of the purport of the claim as of July 11, 2019, the Plaintiff submitted an application for modification of the purport of the claim on July 11, 2019, which was after the closing of argument, but the modification of the claim is possible only until the closing of argument (Article 262(1) of the Civil Procedure Act), and the application for modification of the purport of the claim as of July 11, 201 is unlawful, since there

Therefore, it is not permitted in accordance with Article 263 of the Civil Procedure Act.

2. As to the Plaintiff’s claim against Defendant B

A. From 2004 to 2016, the Plaintiff asserted that the removal work was subcontracted by Defendant B Co., Ltd. (hereinafter “Defendant B”). From around 2015, Defendant B began to delay payment of the subcontract price for the removal work.

Since January 2016, Defendant B contracted the F Company E (hereinafter “E”) with the internal interior interior interior interior interior interior interior interior interior tegrative work, such as the Hamsan Branch of the F Company, Seoul Westerndong Branch, Seoul Jung-gu office, and building, etc., and subcontracted the removal work to the Plaintiff.

In addition, the Plaintiff was awarded a contract with Defendant B to perform the removal works of various construction sites, such as H buildings, such as distribution, locking room, and Gangnam Station, and I’s J building, etc.

Defendant B subcontracted to the Plaintiff the removal work contracted by Defendant C Co., Ltd. (hereinafter “Defendant C”), C’s KN shop removal work, additional construction work, etc.

The construction cost of the removal work, etc. that the Plaintiff subcontracted from May 2015 to November 2016 (including the unpaid construction cost before May 2015) is KRW 189,453,00 (excluding value-added tax), and the construction cost that the Plaintiff paid to the Plaintiff is KRW 117,80,000 (excluding value-added tax) and thus, the unpaid amount for the Plaintiff is KRW 71,653,00,000.

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