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(영문) 서울서부지방법원 2018.08.24 2017가단233095
공사대금
Text

1. The Defendant’s KRW 51,180,200 as well as 6% per annum from October 27, 2017 to August 24, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company C (hereinafter “Nonindicted Company”) around July 13, 2016, around July 13, 2016.

between Kimpo-si and Kimpo-si D New Construction Works (hereinafter referred to as “First New Construction Work”)

Of the facility works for sanitary fire-fighting (hereinafter referred to as “first construction”)

(2) On July 13, 2016, the Plaintiff entered into a contract for construction work with a non-party company, setting the construction amount of KRW 30,400,000 (excluding value-added tax) with respect to the construction work (hereinafter “second-party construction work”) among the new construction work of building E on the ground of Kimpo-si (hereinafter “second-party construction work”) as KRW 30,40,000 (excluding value-added tax).

In the above subcontract agreement, the sanitary flag and external pipes of the building shall be stated separately.

B. (1) Around August 1, 2016, the Defendant entered into a contract on construction works with F Co., Ltd., the owner of the building of the first new construction works. Around that time, the contractor of the first new construction works changed to the Defendant from Nonparty Company. (2) Around August 5, 2016, the Defendant entered into a contract on construction works with G, the owner of the building of the second new construction works, with respect to the second new construction works.

C. Even after the change of the contractor of the first and second new construction works from the non-party company to the Defendant, the Plaintiff continued to perform the first and second construction works, and received KRW 86,00,000 from the Defendant as the construction price.

1) After the completion of the first new construction work, approval for use of the above ground buildings was granted on January 19, 2017, and registration for ownership preservation was completed in the name of F Co., Ltd. on February 2, 2017. (2) The second new construction work was completed, and registration for ownership preservation was completed in the name of G on July 12, 2017 with respect to the above ground buildings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, facts with merit in this court, the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim 1.

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