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(영문) 수원지방법원성남지원 2020.02.11 2018가합410335
점유회수 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 25, 2017, the Defendant concluded a construction contract between the J (hereinafter referred to as the “J”) and the construction cost of 5.2 billion won (excluding value-added tax), and the construction period of 5.2 billion won (excluding value-added tax) from September 25, 2017 to April 30, 2018.

The J concluded the above construction contract and subcontracted the construction work of this case to a large number of subcontracting companies including the plaintiffs.

B. Accordingly, while the construction of this case was carried out, the progress of the construction of this case was delayed due to disputes arising between the J and some subcontractors. The Defendant and the J agreed to extend the deadline for completion of the construction of this case over several times during the process of carrying out the construction of this case. The final deadline for completion of the construction of this case stated in the construction extension contract executed by the Defendant and J is September 30, 2018.

C. Meanwhile, even if the freezing and cooling facilities inside the instant building and the electricity and pipes construction were not completed, the Defendant obtained approval for the use of the instant building from the competent administrative agency on July 13, 2018 in consultation with J to resolve the loan problems, etc. of financial institutions related to the instant construction, etc.

J around July 16, 2018, entered the instant construction site and paid by the Defendant to J up to the time reaches KRW 3,298,901,506.

E. Meanwhile, on July 23, 2017, the Defendant concluded a contract for the provision of crime prevention services with K, a security company, and installed CCTV on the instant building and the instant factory site around August 2018, and the said security company provided access control services through fingerprint recognition, etc., and CCTV security services from August 7, 2018.

F. The defendant raises an objection as above.

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