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(영문) 춘천지방법원원주지원 2017.07.13 2014가합6578
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: 68,844,500 won and its therefrom from October 19, 2015 to July 13, 2017.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff entered into a contract with the head of the Korea National Land Management Office (hereinafter referred to as the “head of the Korea National Land Management Office”) of the Korea National Land Management Office (hereinafter referred to as the “head of the Korea Land Management Office”) for the construction cost of the E Corporation (hereinafter referred to as the “instant Corporation”) and the construction period from April 10, 2014 to February 3, 2015 respectively.

B. Preparation of a subcontract agreement and a direct payment agreement for subcontract consideration 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

On August 26, 2014, a subcontract agreement (Evidence 4) and a direct payment agreement (Evidence 5) between the Plaintiff and the Plaintiff regarding the construction work of the instant case was formulated, respectively, with respect to the construction work of KRW 1,015,174,000 among the instant construction works. 2) Defendant C Co., Ltd (hereinafter “Defendant C”) and the Plaintiff on August 26, 2014 between the Plaintiff and the Plaintiff, respectively, signed a subcontract agreement (Evidence 7) and a direct payment agreement (Evidence 3) regarding the construction work of reinforced concrete among the instant construction works.

3) On August 26, 2014, a notice of the subcontract agreement was prepared with the content that the Plaintiff notifies the head of the DNA Land Management Office that the subcontract was concluded between the Plaintiff and the Defendant B and the Defendant C. C. The Defendants’ receipt of the progress payment by the Defendants were as follows: (a) Defendant B demanded progress payment on September 2, 2014; and (b) on September 4, 2014, Defendant B received KRW 124,67,500 equivalent to the first progress payment by the head of the DNA Land Management Office, which was KRW 249,35,000, out of KRW 50%.

2) On September 2, 2014, Defendant C claimed progress payment on September 2, 201, and on September 4, 2014, Defendant C received KRW 27,406,50,00, equivalent to 50% of the first progress payment of KRW 54,813,000, from the head of the D National Land Management Office of Korea on September 4, 2014. [Grounds for recognition] There is no dispute, Party A’s evidence Nos. 1, 4, and 8, and Party B’s evidence Nos. 1 through 9 (including the number of pages; hereinafter

- The purport of the whole pleadings

2. The parties' assertion

A. The Defendants did not have entered into a subcontract with the Plaintiff and actually carried out the subcontract.

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