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(영문) 대구지방법원 2019.05.03 2017가합1749
공사대금등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 23, 2015, the Defendant entered into a construction contract with C (hereinafter “C”) under which the Defendant entered into a contract with C, setting the construction period from August 1, 2015 to February 28, 2016 (hereinafter “instant new construction contract”) that sets the construction period of the construction work as KRW 1,642,00,000 (hereinafter “instant contract”).

B. B. On September 4, 2015, C entered into a construction subcontract agreement with the Plaintiff (hereinafter “instant subcontract agreement”) stating that C shall pay the Plaintiff the construction cost of the instant new construction works (including fire-fighting system construction; hereinafter “instant construction works”) from September 7, 2015 to February 28, 2016, with the construction cost of KRW 264,00,000, with the construction cost of KRW 264,000.

C. From August 2015, C performed the instant new construction work, around February 2016, C had been insolvent due to the aggravation of financial standing, and C’s regular F&C and the head of department G requested the Defendant to “as it is difficult for C to continue the construction work under the name of C, the instant contract would be terminated, and the new construction company established by F and G, etc. would succeed to the instant new construction work and perform it.”

On February 25, 2016, the Defendant drafted a written agreement with C to the effect that “C is unable to continue to perform the instant new construction project and agree to complete construction and terminate the contract” (hereinafter “instant agreement”), and paid C the construction cost of KRW 1,200,000,000 according to the instant agreement.

E. On March 2016, H (hereinafter “H”) followed the instant new construction project that C performed from around March 2016, and completed the new construction project around April 2016. The Defendant completed the registration of ownership transfer on the instant building on April 26, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7 and Eul evidence 1, 2, 4, 10 each.

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