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(영문) 부산지방법원 2018.03.20 2017가단302185
식사대금
Text

1. The Defendant Yongdu Construction Co., Ltd. shall pay to the Plaintiff KRW 76,923,00 as well as its full payment from January 26, 2017.

Reasons

1. Basic facts

A. Defendant C&C Construction Co., Ltd. (hereinafter “Defendant C&C Construction”) entered into a contract with Dongw Development Co., Ltd. and Korea Light Integrated Construction Co., Ltd. for Busan Gangseo-gu, Busan. On January 26, 2016, Defendant C&C Construction Co., Ltd. (hereinafter “Defendant C&C Construction”) and subcontracted the construction of reinforced concrete to Defendant C&C Construction Co., Ltd. (hereinafter “Defendant C&C Construction”).

B. Around June 2015, the Plaintiff agreed to operate a brine restaurant (hereinafter “instant restaurant”) that provides meals to the employees of the brine construction workers working at the said construction site, between the Defendant brine Construction and the Plaintiff’s employees at the said construction site, and provided meals to the employees of Defendant brine Construction.

C. Defendant Dud Construction did not pay only meal costs to the Plaintiff from October 2016 to December 2016, KRW 76,923,00 ( KRW 36,979,800 on October, 200, KRW 28,310,70 on November, and KRW 11,632,50 on December.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s assertion was that the Plaintiff provided meals to the employees of Defendant Yong-gu Construction in operating the brin restaurant according to the contract with the Defendant Yong-gu Construction. As such, the Plaintiff is obligated to pay the total amount of KRW 76,923,00,000 for the unpaid meal costs.

Meanwhile, around October 12, 2016, Defendant C&C Construction submitted to Defendant C&C General Construction by setting up a written statement of non-performance to the effect that he/she consented to directly pay the accrued meal cost from the subcontract price to be paid by Defendant C&C Construction. As such, Defendant C&C Construction is jointly obligated to pay the accrued meal cost to the Plaintiff, in collaboration with Defendant C&C Construction.

3. Determination

A. Judgment on the confession of a claim against the construction of defendant Duplal (Article 208(3)2 of the Civil Procedure Act)

B. Claim Nos. 4, 5, and 2, and 3 for Defendant C&C Construction respectively.

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