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(영문) 춘천지방법원원주지원 2016.04.28 2015가단5766
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant is the owner of the building on the land outside C and three lots (hereinafter “instant building”).

B. On March 6, 2014, the Defendant entered into a contract for construction works (hereinafter “instant contract”) with D (i.e., the date of commencement on March 15, 2014; (ii) the date of commencement; (iii) April 30, 2014; and (iv) the construction amount of KRW 110,000,000,00 of the construction amount.

C. When D could not proceed with the instant construction, around March 20, 2013, D transferred its contractor status to the Plaintiff, and the Defendant consented to the Plaintiff’s transfer of the contractor status of the instant contract to the Plaintiff as above.

The Plaintiff continued the instant construction upon receiving the Defendant’s work instruction, and completed the instant construction within the fixed construction period.

E. The Defendant paid on behalf of the Plaintiff KRW 25,00,000 for ready-mixeds, KRW 20,000 for wooden wage, KRW 1,500,00 for man-made arms, KRW 15,00 for man-made arms, and KRW 15,00,00 for cream and pumps equipment.

F. Therefore, the Defendant is liable to pay the Plaintiff the remainder construction cost of KRW 48,500,000,000, deducting the above ready-mixed price from the construction cost of KRW 110,000,000, after deducting the above ready-mixed price, the neck wage, the human body fluor, the Poke and the equipment cost for pumps.

2. Determination

A. The Plaintiff’s claim is premised on the Plaintiff’s transfer of the contractor status of the instant contract from D and completed the instant construction. The Defendant asserts that the Defendant did not consent or consent to transfer the contractor status of the instant contract.

Therefore, we first examine whether the Plaintiff was transferred the status of contractor of the instant contract from D.

B. According to the statement No. 1, the instant contract is concluded between the Defendant and D, as alleged by the Plaintiff.

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