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(영문) 서울중앙지방법원 2012.10.10 2012가합4454
공사대금
Text

1. The plaintiff and the plaintiff succeeding intervenor's claim are all dismissed.

2. The costs of the lawsuit are assessed against the plaintiff and the succeeding intervenor.

Reasons

1. Determination as to the cause of claim

A. The part in which the Plaintiff and the Intervenor’s Intervenor’s assertion is common to the Plaintiff and the Plaintiff’s Intervenor’s assertion is the Defendant and the protocol development corporation (hereinafter “prowon development”).

(C) On January 24, 201, 201, 198, 201, 201, 201, 201.

B) On February 7, 2011, 201, the Plaintiff entered into a subcontract with the amount of construction cost of KRW 495 million for the septic tank construction work among the above construction works, which was newly constructed on the land of Hanwon-gun, Gowon-gun, Gowon-gun and the other two parcels of land.

C) The Plaintiff completed the purification work on March 25, 201, which was the completion date pursuant to the said subcontract. (B) The Plaintiff and the Plaintiff’s Intervenor’s Intervenor’s Intervenor’s Claim for Direct Payment under the Fair Transactions in Subcontracting Act are in fact bankrupt in excess of obligations, and the Plaintiff, a subcontractor, requested the Defendant, who is the ordering person, to pay the construction price directly on April 8, 201. Accordingly, the Defendant is the Subcontract Act (hereinafter “subcontract”).

(2) Pursuant to Article 14(1)1 of the Subcontract Act, the Plaintiff’s succeeding intervenor who acquired claims from the Plaintiff out of the subcontract price of KRW 495 million shall be paid damages for delay from March 26, 2011, which is the day following the completion date, to the day of full payment for the remaining KRW 500,000,000 to the day of full payment for each of the remaining KRW 5500,000,000,000,000,000 from the subcontract price of KRW 495,000,000.

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