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(영문) 서울동부지방법원 2015.04.30 2014가단120042
공사대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 23,200,00 and the interest rate thereon from May 17, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On November 30, 2012, Defendant B Co., Ltd. (hereinafter “Defendant Company”) was awarded a contract with Defendant C for a new house construction work on the ground of the Seoul Special Metropolitan City Gwangjin-gu D site owned by the said Defendant (the construction cost of KRW 473,850,00 and the construction period of KRW 473,850,000, December 3, 2012 to June 10, 2013).

B. After the removal of the existing building, the Defendant Company proposed that the construction site manager should complete the said new construction work. On March 28, 2013, the Plaintiff concluded a subcontract with the Plaintiff to provide that the construction cost of KRW 423,400,000, the construction period between the Plaintiff and the Plaintiff as of March 27, 2013, and the construction cost of KRW 30,000, as of June 30, 2013, the said construction cost was to be paid in proportion to the fixed rate.

At the time of the above subcontract, the defendant company promised to pay 50 million won as progress payment upon completion of the aggregate construction to the plaintiff.

C. On April 26, 2013, the Plaintiff completed the pelvis construction, but the Defendant Company did not pay the progress payment promised. Ultimately, the Plaintiff received KRW 21 million from the Defendant C, who received a request for the payment of the construction price from the Defendant Company, including KRW 10 million, and KRW 21 million, including KRW 10 million, on April 23, 2013.

Defendant C, upon receiving the request for the subrogated payment of the construction cost at the time of the Defendant Company’s request, paid KRW 21 million to the Plaintiff, and the said KRW 21 million was prepared by Defendant C, the actual operator of the Defendant Company, to verify that the said KRW 21 million was a part of the instant construction cost.

The Plaintiff and Defendant Company discontinued the instant construction after completing the structural construction work on April 26, 2013.

[Ground of recognition] Facts without dispute, Gap 1-6, 9 evidence, Eul 1, 2, 4-6 evidence (including serial serial numbers) and the purport of the whole pleadings.

2. According to the facts of the determination as to the claim against the Defendant Company, the Plaintiff is worth KRW 50 million for the agreed construction cost of the instant subcontract.

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