(영문) 부산지방법원동부지원 2014.04.25 2012가합5413

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(영문) 부산지방법원동부지원 2014.04.25 2012가합5413

공사대금 등

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. (1) The relationship between the parties (1) C (hereinafter “C”) is an executor executing the instant construction work (hereinafter “instant construction work”) on the Busan Shipping Daegu D (hereinafter “instant site”) and the F Co., Ltd. (hereinafter “F”) is a contractor awarded a contract for the instant construction work.

(2) The Plaintiff is a person who was awarded a subcontract to install underground soil facilities and soil facilities among the instant construction works from F, and the Defendant Company A (hereinafter “Defendant Company”) and Defendant B (hereinafter “Defendants”) are the person who acquired the instant construction business rights from C (hereinafter “instant business rights”).

B. (1) On April 20, 2010, C entered into a contract with F to give the instant construction contract (hereinafter “instant contract”); on May 13, 2010, F entered into a subcontract with the effect that the Plaintiff, during the instant construction project, soil mounds set the construction cost of KRW 495,00,000, and the construction period from May 14, 2010 to September 30, 2010 (hereinafter “instant subcontract”).

(2) The Plaintiff entered into a sub-subcontract with the period of construction fixed from June 23, 2010 to September 30, 2010, for the performance of household facilities and soil works, as well as 272,00,000 won for the construction cost, and the construction period.

(3) The Plaintiff’s payment of KRW 365,731,507 out of the construction price under the instant subcontract by F and the unpaid construction price is KRW 129,268,493.

(4) Around 2011, C and F prepared a letter stating that all civil and criminal responsibilities arising from the discontinuance of the instant construction work shall be responsible and handled by C and F, and the content of the responsibility lies in changing the ground, damage to adjacent buildings, and loss for delay of construction.

C. Concluding investment agreements and business licenses transfer and takeover contracts (1) Defendant B shall enter into on April 2012.

유사 판례

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