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(영문) 의정부지방법원고양지원 2015.03.18 2013가합8540
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Defendant E entered into a construction contract with Defendant B and C on October 22, 2008, and each of the lands listed in the separate sheet jointly owned by Defendant B and C from Defendant B and C (hereinafter “instant site”).

(2) Around January 209, Defendant E entered into a contract for the construction of one unit of neighborhood living facilities (hereinafter “instant building”) on the ground of the instant building site (hereinafter “instant contract”) with the Korea Forest Construction Corporation (hereinafter “Korea Forest Construction Corporation”) on a five-year lease basis. Defendant E entered into a contract for the construction of one unit of neighborhood living facilities on the instant building site (hereinafter “instant building”) with the Korea Forest Construction Corporation (hereinafter “Korea Forest Construction Corporation”). At the same time, the Korea Forest Construction Corporation started the construction of the instant building (hereinafter “instant construction”).

B. The Plaintiff’s succession to the contractor status and the completion of the instant building 1) around May 20, 2009, when the instant construction is in progress, the Plaintiff paid KRW 142 million out of the construction cost of the instant construction to D Forest Integrated Construction, and acquired the contractor status under the instant contract from D Forest Integrated Construction. At that time, Defendant E consented thereto. (2) After that time, the Plaintiff completed the instant building by receiving delivery of the instant construction site from D Forest Integrated Construction, and obtained approval for the use of the instant building on October 4, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4, Eul evidence 1 and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff completed the building in this case after acquiring the status of the contractor under the contract of this case from the Dlim Integrated Construction. Accordingly, the defendant Eul, the contractor under the contract of this case, is obligated to pay 550 million won to the plaintiff the construction cost under the contract of this case.

In addition, Defendant D is also the defendant.

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