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(영문) 서울남부지방법원 2015.11.26 2014가합111864
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. As part of the claim for construction cost between Defendant B and E Co., Ltd. (hereinafter “E”), the construction contract was concluded between Defendant B and E, which constitutes a construction cost of KRW 3,627,00,000, and E continued the construction work.

The plaintiff paid KRW 200 million to E with respect to the above construction work between E, the representative F, and confirmed that all the powers of the Corporation are the plaintiff.

The plaintiff explained the above contents to the defendant B, paid the above legal expenses related to the above construction work in advance, and allowed the plaintiff to sell more than eight households through a design change, etc., but after the defendant B's own use, the plaintiff was excluded from the above construction work.

Therefore, Defendant B is obligated to pay the Plaintiff KRW 240,000,000,000,000 paid by the Plaintiff due to legal disputes with respect to the Plaintiff, and KRW 30,000,000,000,000,000,000,000,000 for the Plaintiff’s work for Defendant B, and KRW 98,1,50,000,00,000,000,000,000 for the Plaintiff’s work for Defendant B. As part of its claim, the Plaintiff sought payment of

B. The G Building Office in the part of the claim for acquisition amount entered into a design contract with the Defendants on the said construction project [the contract amount of KRW 45,000,000 (value-added tax)] and a supervision contract [the contract amount of KRW 40,000,000 (value-added tax separate)]. The G Building Office fulfilled all the design and supervision obligations, but received only KRW 55,00,000 from the Defendants.

Since the Plaintiff received 38,500,000 won from the G Building Office’s remaining payment claim and notified the Defendants of the transfer of claim, the Defendants are jointly and severally liable to pay the Plaintiff KRW 38,500,000.

2. Determination

A. According to the respective statements in Evidence Nos. 4, 5, and 1, as to the claim for construction cost, Defendant B constructed a building on the ground of land outside Dobong-gu Seoul Metropolitan Government between E and E on December 22, 2012.

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