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(영문) 창원지방법원 2016.07.07 2014가합5913
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, the plaintiff is a corporation with the objective of landscaping construction business, etc., and the defendant is a corporation with the purpose of housing construction business.

On September 25, 2008, the Plaintiff, including the Defendant’s direct payment agreement with the Plaintiff, was awarded a subcontract for landscaping construction costs of 1,501,50,000 won (including value-added tax; hereinafter the same shall apply) from Taedong Construction Co., Ltd. (hereinafter “Dong Construction”), a Sinwon-si's window C, D, E, E, and F, the Sinwon-si Gement Construction Co., Ltd. (hereinafter referred to as "Dong Construction").

(2) On October 1, 2008, Taedong Integrated Construction Co., Ltd. acquired the status of the first landscape construction contract for Taedong Construction Co., Ltd. after the above apartment house construction is called "G Housing Construction" and the above landscape construction works.

On January 15, 2010, the Plaintiff settled the existing construction cost with respect to the above Daedong Comprehensive Construction and the first landscaping construction and concluded a subcontract with the construction cost of KRW 1,120,963,187 for the subsequent landscaping construction (hereinafter “the second landscaping construction”) again after January 15, 2010, and the Defendant, which is the executor of the Gement, agreed to pay the said price directly to the Plaintiff.

On the other hand, the defendant obtained the approval of use on June 25, 2010 for G Housing Corporation in the above C and D, and received the certificate of usage inspection on October 25, 2010 for G Housing Corporation in the above E and F.

After completing the second landscaping project, the Plaintiff filed a lawsuit against the Defendant against the Defendant to pay KRW 980,963,837 on November 16, 2012 as well as damages for delay thereof (hereinafter “transfer lawsuit”).

On July 24, 2014, the court of first instance rendered a judgment ordering payment of KRW 800,281,815 out of the above claim amount and delay damages therefor. Accordingly, both the Plaintiff and the Defendant appealed, and the judgment was partially reduced and sentenced at the appellate court, and the judgment was rendered on October 1, 2015.

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