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(영문) 인천지방법원 2018.07.06 2016가단32598
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 18, 2015, the Defendant concluded a contract with D Co., Ltd. (hereinafter “Nonindicted Company”) for each of the facility repair works (hereinafter “instant construction works”) of Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, with the cost of KRW 2.7735 million and the construction period as of April 1, 2015 to August 31, 2015.

B. On April 3, 2015, the non-party company: (a) determined that the 30-dong outer walls of apartment complex FG complex crack repair, re-design and public windowing construction cost of apartment complex construction among the instant construction works, KRW 500 million (excluding value-added tax) and July 15, 2015; and (b) determined the Plaintiff B’s 30-dong outer walls of apartment JJ complex 30-dong outer walls, re-design and joint windowing construction cost of KRW 560 million (excluding value-added tax), construction period from April 3, 2015 to July 15, 2015 and subcontracted each of the instant construction works to the Plaintiff B.

C. By September 14, 2015, the Defendant paid 1,451,450,000 won out of the construction price of the instant case to the Nonparty Company.

On September 23, 2015, the non-party company agreed to complete the construction work until October 3, 2015 after receiving KRW 414,700,000, which is 20% of the construction cost of the instant case from the Defendant. However, due to the aggravation of financial standing, the non-party company discontinued the construction work without any further delay due to the de facto failure of the representative director to perform the said construction work due to the aggravation of financial standing.

E. On October 12, 2015, the Defendant notified the non-party company of the cancellation of the instant construction contract on the ground that the remaining finishing construction works were not implemented, etc., and the said construction was completed in November 2015.

F. Of the instant subcontract construction cost, Plaintiff A was not paid KRW 75 million for Plaintiff B, and Plaintiff B was not paid KRW 17.35 million for Plaintiff B. Meanwhile, K served as the president of the Defendant’s representative from January 1, 2014 to December 31, 2015.

[Based on Recognition] Unsatisfy, Gap evidence 1, 2, and 3-1, Eul evidence 4-1, Eul evidence 1, 2, 5, 9, Eul evidence 3-1 through 4, Eul evidence 4-1, Eul witness K's testimony and the purport of whole pleadings

2. Determination.

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