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(영문) 서울중앙지방법원 2017.08.09 2016가단152590
추심금
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. 1) The Defendant is awarded a contract for construction works related to B construction works in the vicinity of Sejong Park between the Defendant and the Mining Construction Co., Ltd., for the construction works in the vicinity of Sejong Park, and the construction works in the Mining Construction Co., Ltd. on September 10, 2015 (hereinafter “mining construction”).

B) Between the above construction works, the reinforced concrete construction works (hereinafter “instant construction works”).

As to the contract amount of 55,00,000, the construction subcontract was concluded (hereinafter referred to as “instant one subcontract”).

(2) Around February 2016, Defendant, Ansan-si, and Mining Construction agreed to pay the instant construction cost directly to the mine construction by the Defendant. Around February 2, 2016, the payment of the subcontract price was directly made to the Defendant, which is the ordering person, to pay the instant construction cost to the mine construction.

3) On June 21, 2016, the Defendant notified the Mining Construction that the said contract was terminated on the ground of the nonperformance of the instant one subcontract agreement for the Mining Construction. On June 23, 2016, the Defendant agreed to reduce the construction of the instant one subcontract by making the final settlement amount of the said construction amount at KRW 527,517,100 between the Mining Construction and the Mining Construction and the instant one subcontract amount at KRW 527,517,100.

(Unit) On October 19, 2015, the amount paid as of October 5, 2015, 5,00,000 advance payment of KRW 5,287,700,000 on October 30, 2015, labor expenses for October 24, 2015, in direct payment of KRW 14,75,80 on December 14, 200, 200, KRW 145,80 on May 28, 2015, KRW 15,08, KRW 204, KRW 383,00 on December 6, 38, 2015, KRW 383,18, KRW 180 on demand, 205, KRW 380 on December 6, 183,180, KRW 180 on demand, 203,50 on demand, 16,38,2016 on demand, etc.

B. Subcontract 1 related to C Construction between the defendant and the mining construction) The defendant is a contract for C Construction with the regional development business office, and the defendant is a contract for C Construction with the regional development business office.

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