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(영문) 서울중앙지방법원 2020.10.08 2019가단5192419
공사대금
Text

1. The Defendants’ joint and several KRW 39,170,00 and Defendant C Co., Ltd. KRW 1,870,000 and each of them.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) subcontracted the construction of machinery and equipment among each of the above construction works to Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) around August 2017 after being awarded a contract for the F Elementary School Extension Works, and the G Middle School Construction Works.

B. Around October 2017, Nonparty Company re-subcontracted the Plaintiff with construction cost of KRW 85,250,000 among the machinery and equipment works of the F Elementary School, and KRW 148,50,000 among the machinery and equipment works of the G Middle School, and KRW 148,50,000 among the construction cost.

C. Around February 2018, Nonparty Company: (a) signed a written consent to the Defendant Company’s direct payment of KRW 60,170,000 for the remaining re-subcontracted construction cost of the Plaintiff’s F Elementary School; and (b) submitted it to the Defendant Company.

On March 2018, the Plaintiff completed the re-subcontracting work at F Elementary Schools, and received KRW 49,500,000 out of the remainder of the re-subcontracting work at F Elementary Schools from April 2018 to June 201.

As a result, the remainder of the subcontract price of F Elementary School was KRW 10,670,00 (=60,170,000 - KRW 49,50,000).

E. On July 3, 2018, the Plaintiff received from the Defendant Company a letter of payment for the construction cost that the Plaintiff would directly pay KRW 100,000,000, out of the amount of the re-subcontracted construction works at G middle schools, and received a direct payment agreement with the Defendant Company to directly pay KRW 48,50,000, out of the amount of the re-subcontracted construction works at G middle schools on July 10, 2018.

F. Around August 3, 2018, Defendant Company paid KRW 50,000,000 to the Plaintiff. The said money was appropriated for KRW 10,670,000 for the remainder of the re-subcontracted construction work at F Elementary Schools and KRW 39,330,00 for the re-subcontracted construction work at G Middle Schools.

Accordingly, the Plaintiff’s payment for re-subcontract work at F Elementary School was fully paid, and the remaining payment for re-subcontract work at G Middle School was KRW 109,170,000 (=148,500,000 - KRW 39,330,00).

G. Defendant E, a inside director of the Defendant Company, is the head of the company, August 7, 2018.

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