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(영문) 인천지방법원 2017.07.18 2016가합3306
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 20, 201, the Defendant contracted the construction of the Seo-gu Incheon Building (hereinafter “B”) (hereinafter “instant construction”) from A (hereinafter “A”) to the Plaintiff on the same day, and fixed the construction cost of the instant new construction works as KRW 626,450,00 (including value-added tax; hereinafter the same shall apply).

B. On April 30, 2013, the Plaintiff suspended construction as a result of failure to receive progress payment from the Defendant, and on September 4, 2013, the Plaintiff’s payment of the unpaid subcontract price for the instant electricity, etc. from A and the Defendant for KRW 286,450,000 on September 16, 2013, the same year

9. A written confirmation of payment of construction cost is issued to pay each of the construction cost of KRW 60 million, KRW 90,6450,000 on October 15, 10 of the same year, and KRW 100,000 on October 31 of the same year. On September 16, 2013, the Defendant received KRW 10,000 from the Defendant as the price for the construction of the instant electrical construction.

C. On November 5, 2013, the Plaintiff entered into an agreement on the direct payment of the subcontract price of KRW 276,450,000 on the payment of the unpaid construction price for the instant electricity, etc. between the Defendant and the Defendant Company A, with the effect that “A, the ordering person, shall directly pay the balance of the construction price for the instant electricity, etc., and shall not thereafter raise a civil or criminal objection against the Defendant.”

(hereinafter “instant agreement”). D.

On January 7, 2014, C, D, and E, an executive officer of A, prepared a letter of payment stating that “The payment of the unpaid construction cost of KRW 276,450,000, out of the construction cost of the construction work of the instant electricity, etc. that A agreed to pay, shall be jointly and severally guaranteed,” and the Plaintiff completed all the construction work of the instant electricity, etc. on April 18, 2014.

E. On May 28, 2015, the Plaintiff filed a lawsuit against A to pay KRW 276,450,00 not paid by the Incheon District Court 2015Gahap102379, and filed it with the said court.

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