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(영문) 서울서부지방법원 2019.01.24 2018나35879
공사대금
Text

1. Of the judgment of the court of first instance, the Plaintiff against Defendant D, which falls under the following amount ordered to be paid.

Reasons

1. Basic facts

A. On June 2015, the Korea Land and Housing Corporation (LH Corporation) entered into a construction contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) on five complexes of the F Complex, H complex, K Complex, I Complex, and JJ Complex in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Defendant D”), with the construction cost of KRW 449,137,00 (excluding value-added tax) for the instant construction project (the name of construction project: 5 complex G construction project, including LH Seoul F Complex, and 5 complex construction project, including LH Seoul F Complex), and the construction period of the instant construction project from September 2015 to January 28, 2016. Defendant D subcontracted the instant construction project to Defendant C Co., Ltd (hereinafter “Defendant C”) on July 23, 2015.

B. Around September 2015, Defendant C entered into a construction sub-subcontract (hereinafter “instant contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”), which became aware of as the Plaintiff’s introduction, to which Defendant B is responsible and responsible for the instant construction. Defendant C entered into a construction sub-contract with the purport that the amount of the construction cost paid from Defendant D should be paid to the Defendant B, excluding the specified amount, and Defendant B commenced the instant construction from October 2015.

C. However, Defendant B did not have developed the instant construction project as scheduled due to seasonal factors, etc., on October 25, 2015, with the Plaintiff divided the instant construction site into one construction section (F complex, H complex, I Complex) and two construction sections (K Complex), and Defendant B and the two construction sections (K Complex). The Plaintiff agreed to act on behalf of Defendant B’s site agent at the instant construction site, etc., while the Plaintiff settled the remainder of the construction cost received from Defendant C, excluding value-added tax and corporate tax, and then divide the remainder of the construction cost (hereinafter “instant agreement”). From around that time, the Plaintiff, as Defendant B’s site agent at the instant construction site from 1,200 to 2, while performing his duties as the site agent at the instant construction site, was related to the Section 2.

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