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(영문) 전주지방법원 2019.12.20 2018나10312
공사대금
Text

1. Of the judgment of the court of first instance, KRW 10,043,355 against the Plaintiff regarding Defendant C among the judgment of the court of first instance, and its amount from March 22, 2018.

Reasons

1. Basic facts

A. Defendant B entered into a construction contract with E Co., Ltd. (hereinafter “E”) on December 9, 2016 and the construction cost of KRW 1,900,000,000, while implementing the construction project for urban-type residential housing (hereinafter “instant construction”).

B. The Plaintiff was entrusted by E with the construction site of the instant construction site, and the construction was carried out on the instant site from January 2017.

C. When E could no longer perform the instant construction work, it decided to accept the instant construction work executed by E, and Defendant B again concluded a contract for the instant construction work with Defendant C on March 8, 2017 for the construction cost of KRW 1,900,000,000.

On March 6, 2017, Defendant B and E entered into a confirmation of non-existence of claims and obligations, and the content was that they did not have any claims and obligations with respect to the instant construction project and would thereafter raise any objection thereto, and would pay all the accounts payable at the construction site from the commencement date to the Defendant B.

E. On March 8, 2017, Defendant C, at the time of accepting the instant construction project, prepared a written confirmation and a written confirmation of completion of construction responsibility with respect to Defendant B. The content was that Defendant C promised to take over and transfer all the instant construction works that Defendant C had undertaken, and to perform the responsibility for the instant construction works.

After that, on May 19, 2017, Defendant C stated that “Defendant C is responsible for managing at the site to ensure that there is no problem at the site,” as the ground for the agreement that “a letter of confirmation prepared by Defendant C with respect to Defendant B is a case of management of the subcontractor.”

F. On May 8, 2017, Defendant C filed a one-time claim against Defendant B, the contractor, along with the details of construction work executed by E, including the construction work executed by E.

G. The Plaintiff, from Defendant C on May 23, 2017, out of the wages from January 2017 to April 2017 of the instant construction project, 15,00.

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