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(영문) 서울고등법원 2020.09.23 2019나2005114
공사대금
Text

The plaintiff's appeal is dismissed.

The plaintiff's claim extended by this court is dismissed.

Costs of appeal and claims.

Reasons

1. Basic facts

A. The status of the parties and the content of the instant construction work 1) The defendant is a social welfare foundation that operates residential facilities for severely disabled persons E located in Gangdong-gu Seoul Metropolitan Government, and the plaintiff is a personal entrepreneur who runs the construction business in the trade name of Gangdong-gu, and the extended construction work executed by the defendant (hereinafter “instant construction

2) The construction of this case is divided into a second floor extension work (the first floor extension work) and a third floor extension work (the second floor extension work).

B. F Co., Ltd. (former trade name: J Co., Ltd.; hereinafter “F”)

(2) On November 6, 2015, the Plaintiff was awarded a contract for the primary construction work for the extension of the second floor from the Defendant to KRW 1,305,59,000 (including value-added tax; hereinafter the same shall apply) of the construction cost. (2) On April 28, 2016, the Plaintiff received a subcontract for the primary construction work from G Co., Ltd. (hereinafter “the primary construction work”) for KRW 219,780,00 of the construction cost, and was awarded a subcontract for the primary construction work from F on May 2, 2016 to KRW 290,50,000 of the construction cost.

3) If the F’s failure to obtain the performance guarantee insurance policy and the financial situation has deteriorated, the Defendant did not enter into the second construction contract with F, and did not enter into the second construction contract with the subcontractor, including the Plaintiff, entrusted the second construction of the third floor extension to the subcontractor, including the Plaintiff. From January 18, 2016 to September 13, 2016, F paid a total of KRW 1.39 billion as construction cost to the subcontractor and F. 4) Ultimately, F discontinued construction around October 2016. Accordingly, F completed a written confirmation of quality inspection as follows.

Division 2nd floor(Conclusion of Contract) is the aggregate of the third floor(contract) of the primary construction.

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