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(영문) 수원지방법원 2017.04.27 2016나1172
공사대금 등
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant Young-gu Fisheries Cooperatives (hereinafter “Defendant Association”) concluded a contract for construction works with the Defendant Company for the entire construction works of the Incheon Sipo-gun C, Incheon, and the said penal plant subcontracted the part of the said construction works to D (hereinafter “D”) where Defendant B actually operates with the approval of the Defendant Association.

B. On November 14, 2013, D entered into a subcontract with E to the period from November 14, 2013 to November 30, 2013 of the contract amount of KRW 60,000,000,000 in advance, and the construction period of KRW 30,000,000 in advance, and Party E re-subcontracted the said construction to the Plaintiff.

C. The Plaintiff completed the instant construction work on December 3, 2013, but failed to receive KRW 13 million for the remainder of the construction work from E, and on the presence of Defendant E and Defendant B, the Plaintiff drafted a “agreement” with the purport that “E shall pay the remainder of KRW 13 million to the Plaintiff after the completion of the construction work, and Defendant B shall pay the remainder of KRW 13 million to the Plaintiff upon the completion of the construction work, and Defendant B shall pay the remainder to the Plaintiff in the presence of the Plaintiff,” signed by E and Defendant B.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The Plaintiff asserts that the Defendant Union is the owner of the instant construction project and the actual owner of the instant construction project, and was agreed upon by Defendant B to pay the remainder of the construction project through the “agreement” as above. As such, the Defendants jointly and severally are liable to pay the remainder of the construction project 14 million won and the delay damages therefrom.

However, the fact that the other party to the subcontract entered into by the Plaintiff is E is as mentioned above, and even based on the evidence No. 3 (Consultations), it is paid in the presence of the Plaintiff at the time of paying the construction price to Defendant B.

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