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(영문) 대전지방법원천안지원 2015.05.15 2014가합3996
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 23, 2013, the Defendant, among the construction works at the Yancheon-si B Logistics Center in which the Defendant was contracted and carried out, subcontracted the construction work price to K CC C C C C C CK Construction (hereinafter “KM Construction”), which was determined as KRW 3.3 billion (including value-added tax) to the said construction work.

(B) No. 1, hereinafter “instant subcontract” or “instant subcontract”). H.C. construction performed additional construction works, such as reinforced soil, in consultation with the Defendant during the instant subcontract construction. However, in connection with this, it did not conclude an explicit contract with the Defendant.

B. According to the certificate No. 6 of 207,90,000 won for landscaping construction among the subcontracted construction works, following the Plaintiff’s construction price of KRW 207,90,000,00 for each of the above subcontracted construction works, the contract price was stated as “the contract price of KRW 207,90,000 for KRW 207,00,000 for KRW 30,000 for KRW 30,000 for KRW 30,000 for KRW 20,000 for KRW 30,00 for KRW 30,00 for KRW 20,00 for KRW

(including value-added tax) provided re-subcontracts.

(A) evidence 6.c.

Although the Plaintiff completed the landscaping project that was sub-subcontracted on May 2014, the Plaintiff was paid only KRW 30,000,000 on June 5, 2014, and the remainder KRW 177,900,000 was not paid.

Around July 1, 2014, the Defendant sent a written consent for direct payment of the subcontract price to the effect that “The Defendant agrees to pay the progress payment that the Defendant would pay to the Plaintiff according to the subcontracted work” to the Defendant, and around that time, the Defendant received it.

E. The instant subcontracted construction, including the foregoing Additional Construction, completed the instant subcontracted construction, and the said Logistics Center obtained approval for use from Leecheon-si around August 25, 2014.

F. The case construction is the Plaintiff on October 14, 2014.

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