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(영문) 부산지방법원 2018.12.11 2017가단321124
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 19, 2014, the Defendant entered into a contract for each of the instant construction works (hereinafter referred to as “instant construction contract”) with the Seojin General Construction Co., Ltd. (hereinafter “ Seojin General Construction”), and with respect to the construction of Bluk Officetel (hereinafter “instant construction”) located in 529-9, Gapo-si, Gapo-si, the contract amounting to KRW 5.32 billion, and the construction period from July 1, 2014 to June 30, 2015.

B. On March 3, 2015, the Plaintiff entered into a subcontract agreement (hereinafter “instant first subcontract agreement”) with respect to the interior interior interior interior interior interior interior interior interior interior interior interior works from March 5, 2015 to July 10, 2015, with each of the period of contract fixed from March 5, 2015 to July 10, 2015, and agreed to pay the subcontract price (hereinafter “direct payment”) directly to the Defendant and the Plaintiff in accordance with the first subcontract agreement with respect to the same day.

C. On March 10, 2015, the Defendant terminated the first contract, and entered into a contract on June 10, 2015, with respect to the remainder after the construction of the so-called so-called so-called “Mad comprehensive construction”), the contract amount is KRW 2.4 billion, and the construction period is as of July 30, 2015, respectively (hereinafter “instant two contract”).

On June 10, 2015, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with respect to the interior interior interior interior interior interior decoration construction and construction as the contract price, with the amount of KRW 1.245 billion, which is calculated by deducting the subcontract price that the Plaintiff received from the Defendant in accordance with the direct payment agreement.

E. As a result, the construction work was completed on August 21, 2015, the Defendant completed the construction work on the so-called “Mad general construction,” and the Defendant’s subcontracting companies, including the Plaintiff, for the so-called “Mad comprehensive construction work” in total amounting to KRW 1,521,781,00.

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