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(영문) 수원지방법원 2019.08.29 2018나69783
추심금
Text

1. The plaintiff's appeal and the first and second preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Defendant, on July 23, 2015, newly constructed a factory building between the Defendant and D Co., Ltd. (hereinafter “D”).

(B) The construction of a factory building to F during the construction period from July 27, 2015 to February 28, 2016 (hereinafter “new construction of the factory building of this case”).

(1) The contract was made on two occasions thereafter, and the main contents thereof are as follows (hereinafter collectively referred to as the “instant contract for construction,” and the construction cost under the secondary modified contract against D to the Defendant is the “construction cost of the instant case”).

(2) On July 23, 2015, the Defendant paid 510,000,000 construction cost (additional construction: Electrical construction: 2/3,000,000,000,000 first revised contract and 7,117,000,000 (510,000,000) for the first time on February 17, 2016, following the addition of the contract amount (including value-added tax) to the 6,56,00,000 construction cost (including additional construction: electrical construction; 7,09,000,000,000,000 (-18,00,000,000,000) for the first time on May 17, 2016; 10,000,000 or more of the construction cost; 10,000,000 or more of the electrical construction; 10,000,005,000.

3) Meanwhile, on March 14, 2016, the Defendant obtained approval for the use of the above factory building. B. D’s subcontract between D and E is a stock company E (hereinafter “E”).

(2) In relation to the construction of the instant plant building, a panel construction was subcontracted on two occasions, and the details thereof are as follows. The first subcontract subcontract (contract date: April 29, 2016) between November 6, 2015 and February 15, 2016, the second subcontract period (contract date: April 29, 2016) was 74,360,000 to April 30, 2016 to May 20, 2016.

A person shall be appointed.

(c) E’s claim for the construction cost of the secondary subcontracting 1 E is not received from D due to the failure to receive the construction cost under the secondary subcontract from D, and D, June 21, 2016.

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