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(영문) 수원지방법원 2020.11.20 2019가단551530
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination as to the cause of claim

A. The following facts do not conflict between the Parties:

1) The Defendant is a facility C from Busan City around 2018 (hereinafter “instant facility”).

2) The construction work (hereinafter “instant construction work”)

(2) A Co., Ltd. (hereinafter referred to as “foreign Co., Ltd.”) that received the supply

(2) On July 3, 2018, the Defendant entered into a contract with the Plaintiff to re-subcontract the instant construction work with the amount of KRW 100 million (excluding value-added tax). However, in advance, the Defendant paid KRW 30 million to the Plaintiff, and to pay the said construction work after receiving the amount of KRW 70 million (hereinafter “instant contract”).

3) On or before December 25, 2018, the Plaintiff completed the instant construction and installed the instant facilities, but the Defendant did not pay 30,101,390 won (including value-added tax) out of the price stipulated in the instant contract to the Plaintiff.

B. According to the above facts finding, the defendant is obligated to pay 30,101,390 won and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the non-party company was contracted by E Co., Ltd. (hereinafter "the non-party company") to the Korea Rural Community Corporation by the non-party company "F Corporation F Corporation F Corporation below the ground of the non-party company at the time of Jeon Jong-Eup,

was awarded a subcontract.

On August 13, 2018, the Defendant re-subcontracted the instant 2 construction to the Plaintiff. The Defendant discontinued the instant 2 construction while performing the instant construction works and deducted the non-party company from the subcontract price to pay the Plaintiff the Plaintiff the amount of the non-construction or the amount of the wrong construction among the instant 2 construction works that the non-party company left to the third company, and deducted the Plaintiff from the subcontract price.

Therefore, the defendant has the damage claim equivalent to the above deducted cost against the plaintiff, and the above damage claim is made.

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