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(영문) 창원지방법원 2018.08.16 2017가단116596
공사대금
Text

1. The Defendant Green Industry Co., Ltd. shall pay to the Plaintiff KRW 78,617,50 and the Plaintiff shall pay the full amount from June 12, 2018.

Reasons

1. Determination as to the claim against Defendant Green Industry Co., Ltd.

A. From August 31, 2016 to January 2, 2017, the Plaintiff is the Defendant Green Industry Co., Ltd. (hereinafter “Defendant Green Industry”) who subcontracted the part of the soil work in the construction of apartment buildings located outside of A and one parcel of land located outside of the city of Geumcheon-gu, Busan, and the construction located in B in the Jung-gu, Busan (hereinafter “Defendant Green Industry”).

(2) Defendant Green Industry paid KRW 28,00,000,000, out of the total construction cost under the said re-subcontracts. (2) Defendant Green Industry paid KRW 106,617,500,000 in total.

3) Defendant Green Industry is obligated to pay to the Plaintiff KRW 78,617,500 (i.e., KRW 106,617,500 - KRW 28,000,000, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 12, 2018 to the date of full payment, following the delivery of the purport of the instant claim and the written application for modification of the cause of the claim.

(b) Judgment made by deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. Determination as to the claim against Defendant Franchi Construction Co., Ltd.

A. The Plaintiff’s assertion 1) The Plaintiff is Defendant Flad Construction Co., Ltd. (hereinafter “Defendant Flad Construction”).

) The construction work for the new apartment building in Busan-gu and one parcel (hereinafter referred to as the “instant apartment building construction work”).

A) The subcontractor, as the subcontractor, re-subcontracted the work of transporting soil and sand, aggregate, etc. from the Defendant Green Industry. Of the construction cost of KRW 62,914,500, the construction cost of KRW 34,914,500 was not paid as KRW 34,914,500, excluding the already paid amount of KRW 28,000,000. Defendant Franchi Construction is a contractor, and the Act on Fair Transactions in Subcontracting (hereinafter “subcontract”).

A) According to the Plaintiff’s position, the Plaintiff is entitled to claim the payment of the construction cost due to Defendant Franchising construction. 2) Prior to Defendant Franchising the Plaintiff’s demand for direct payment, the Defendant Franchising industry’s obligation to pay the construction cost has already been paid.

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