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(영문) 서울중앙지방법원 2016.04.27 2015가단5319643
공사대금
Text

1. All of the plaintiffs' claims against the defendants are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff Samho Development Co., Ltd. related to the parties (hereinafter Plaintiff Samho Development Co., Ltd.) and Plaintiff Samho Co., Ltd. (hereinafter Plaintiff Samho Co., Ltd.) are construction companies engaged in soil construction business, etc. The Defendants form a joint supply and demand company with Ulsan Construction Co., Ltd. (this Haul Construction) and received from the Gyeonggi-do Si Co., Ltd. on March 16, 2012 the land development project site development project site (3-2 Section) (hereinafter the instant construction project) from the Gyeonggi-do Si Co., Ltd. (hereinafter “instant construction”).

B. (1) On June 15, 2012, the Plaintiffs drafted a standard subcontract agreement for construction works (Evidence (Evidence (Evidence (2)) from June 15, 2012 to April 1, 2015, with construction cost of KRW 18,452,00,000 and construction period of KRW 18,452,00,00 among the instant subcontracted works (hereinafter “instant subcontracted works”).

(2) The instant subcontract is subject to the following special conditions:

(3) The instant subcontract agreement states that the Defendants are the principal contractor, the Ulsan Construction Corporation, and the joint contractor.

C. The Plaintiffs filed a claim for payment of the progress payment and filed a claim for payment of the progress payment of KRW 80,010,000 with respect to the Ulsan Construction on August 19, 2014, when the Plaintiffs continued to perform construction under the instant subcontract, and filed a claim for payment of the progress payment of KRW 34,290,000 with respect to the delivery of Plaintiff Choco.

(2) However, the Ulsan Construction is entering the rehabilitation procedure in 2014, and the said construction cost has not yet been paid.

[Evidence] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3-1, 2, Gap evidence No. 6, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiffs' assertion that the Defendants asserted and Ulsan Construction constituted the joint supply and demand of this case with the nature of the partnership under the Civil Act, and jointly received the instant construction from the Gyeonggi-do Si Corporation. The Ulsan Construction entered into the instant subcontract with the plaintiffs in the position of the representative of the joint supply and demand organization.

Therefore, the above joint contractors.

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