beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On January 201, 201, the Scomcom Co., Ltd. (hereinafter “Scom”) awarded a contract to the Scom Construction Co., Ltd. (hereinafter “Scom Construction”) for the installation of radio franchise (wiwi-fi) (hereinafter “instant construction”) at the 150 history of Seoul Urban Railroad 5, 6, 7, and 8 and the Incheon Meart, and then subcontracted part of the instant construction to the Defendant et al. at around that time.
B. From January 15, 2011 to June 15, 2011, 201, 12 companies including the Defendant, etc. issued a blanket subcontract for the construction work that each of the instant construction works was subcontracted to B during the construction period from January 15, 2011 to June 15, 2011. Of them, the Plaintiff determined that “The payment terms and conditions for the construction work shall be 83% of the amount excluding the industrial accident insurance premium and safety management expenses on the cost of construction work under the unit price contract contract by country, and the payment shall be made in the same manner as the payment terms and conditions of the ordering authority within 14 days after the payment is made by the ordering authority.”
(hereinafter referred to as “instant subcontract”). (c)
B was awarded a subcontract for each of the instant construction works by the Defendant, etc. from 12 companies to 30 December 201, 201, and around January 30, 201, the construction period of construction is KRW 1,404,06,00 (i.e., value of value of KRW 1,276,423,637, value added tax of KRW 127,642,364). After executing the construction, B paid a subcontract in an amount equivalent to 88% of the construction cost paid by the Defendant, etc. (hereinafter “re-subcontract”).
Around April 8, 2011, the Defendant entered into an individual contract for the instant subcontract that was awarded a lump sum subcontract with B by setting the construction cost of 107,80,000,000 and the construction period of 107,80,000 from April 8, 2011 to September 25, 2012. On September 25, 2011, the Defendant respectively entered into a contract with B as above.