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(영문) 광주지방법원 2019.11.08 2019나50594
약정금 지급청구 등
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant received the primary construction around January 2012 with respect to F Facilities construction from Jeonnam-do, the second construction around March 2012, and the third construction around January 2013, respectively.

B. Of the foregoing two and three construction works, the Defendant subcontracted to G Co., Ltd. (hereinafter “G”), and G entered into a contract with H in relation to subcontracted construction works. The Plaintiffs, at the request of G, put equipment, etc. into the said soil work site from August 2012 to September 2013.

C. On June 19, 2012, and April 25, 2014, the Newan-gun, the ordering person, agreed to pay the Defendant’s subcontract price to G in relation to the soil works among the aforementioned two and three projects. D.

The Defendant paid the subcontract price to G or paid directly by the Newan-gun to G, and the KRW 1,679,758,000 for the soil works of the said secondary construction subcontracted to G was completed from April 16, 2012 to January 27, 2014; and KRW 913,720,000 for the soil works during the third construction from February 8, 2013 to June 30, 2014.

E. Meanwhile, on September 17, 2014, I, who was the head of the Defendant’s on-site director, drafted an agreement on payment with H and G of the construction participant who represented work workers on the part of H and G. The content is as follows. The attached unpaid amount includes Plaintiff A’s equipment substitute 8,228,380 won, Plaintiff B’s equipment substitute 7,585,000 won, Plaintiff C’s equipment substitute 25,185,000 won, Plaintiff C’s equipment substitute 7,920,000 won, respectively.

(hereinafter referred to as the “instant payment agreement”). In carrying out the said construction, the contractor undertakes to pay the current accounts (see the current status of the unpaid payment as of the end of August) at us at the same time with the receipt of the subscription money and to pay the payment not later than November 30, 2014 when the failure to pay occurs, among the total sum of KRW 2,100,000 (Won 2,100,000,000), which is the fixed amount of construction between the K and the contractor’s “H”, a partner.

(See Item (See Item) 1 workmen.

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