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(영문) 서울남부지방법원 2020.06.10 2018가단260774
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On February 2017, the Plaintiff, the spouse of the Plaintiff, proposed a framework construction project (hereinafter “instant construction project”) from the Defendant’s representative director D to build new buildings on the parcel of Gwanak-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) with the exception of steel supply materials, ready-mixed supply, and concrete removal snow among the new construction projects, and upon delegation, performed the construction project from March 20, 2017 to February 8, 2018 after being supplied with crying materials from the Plaintiff and F. The Plaintiff agreed to perform the construction project in the form of the Defendant’s payment of all of the cost of plastic materials (including value-added tax) for the design change, etc. during the construction project, and the Defendant paid only KRW 72,560,000,000,000 for the materials cost of F and KRW 6738,000,000 for the Plaintiff, and thus, did not pay the remainder.

B. The Defendant ordered the instant construction to C, and accordingly paid the construction cost to C according to the degree of completion of the construction, but C did not have registered its business, and thus, paid part of the construction cost directly to C or to C, through consultation with C. In the case of the Plaintiff, the Defendant asserted that the Defendant was not liable for the payment of the construction cost on the ground that the Plaintiff did not conclude the temporary re-contract, not the Defendant agreed to directly dispose of in the process of the instant construction but the Defendant did not directly dispose of it.

2. If the testimony of the witness C and G is added to the statement of Gap evidence Nos. 13 through 14, 17, and 18 (including each number; hereinafter the same shall apply), the defendant and C agreed that the construction of the instant case will be executed in a lump sum by purchasing and performing construction work other than the remaining steel bars, ready-mixeds, and concrete at the first stage, and that the subcontracted construction business was undertaken by the plaintiff during that process.

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