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(영문) 부산지방법원 2018.10.10 2017가합44936
공사대금
Text

1. The Defendant: (a) KRW 184,440,204 for the Plaintiff and KRW 6% per annum from May 23, 2017 to October 10, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is engaged in the construction business, and the Defendant is a corporation with the purpose of real estate sales, building interior, etc.

B. 1) The Defendant leased a comprehensive construction license from a tree construction company on November 2015, 2015 and a factory A Dong-dong, Busan, and one parcel of land F Co., Ltd. (hereinafter “instant A-dong factory”).

2) As to the new construction project, a construction work contract (hereinafter referred to as “instant subcontract”).

A. A project owner: D Construction name: F Corporation and/or interior construction period: From November 10, 2015 to March 31, 2016: the completion date: April 11, 2016: 390,000,000 won; 2) The F Corporation factories based on the instant subcontract agreement were approved for use on October 10, 2016.

C. On July 2016, the Defendant: (a) around July 2016, the 111,000,000 won for the construction cost as to the portion of civil engineering and structural construction among the construction works on the G-based detached housing among the construction works on the G-si ground (hereinafter “instant 2 subcontract”).

(2) Around January 2017, the Defendant completed the new construction of a detached house based on the instant subcontract agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, Gap evidence 2-1, Gap evidence 5-1, the purport of the whole pleadings

2. Part on the subcontract of this case 1

A. 1) The plaintiff's assertion (1) The plaintiff's assertion that the party to the contract of this case is the plaintiff as the party to the contract of this case since the contract of this case was prepared in the name D, but the plaintiff actually executed the construction.

(2) The defendant's assertion that the plaintiff had taken over and executed the subcontracted project of this case from D without the defendant's consent, and the plaintiff is a party to the subcontract of this case.

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