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(영문) 울산지방법원 2019.09.04 2018가단25853
노임
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 30, 2016, the Defendant concluded a contract for construction works with C Co., Ltd. (hereinafter “Co., Ltd.”), a company implementing the implementation company (hereinafter “Co., Ltd.”), and entered into an additional construction contract with F Co., Ltd., a trust company on July 30, 201, for business facilities with six stories above ground and twenty stories above ground, and for the building of Ulsan Etel (hereinafter “instant construction works”).

B. From August 2016, the Defendant commenced the instant construction from around March 2017, and around March 2017, the Defendant contracted the instant construction with the construction cost of KRW 5,413,100,000 among the instant construction works, and the construction period of KRW 2,00 from March 2, 2017 to December 31, 2018.

Since then, the Defendant, on January 5, 2018, re-subcontracted the remainder of the construction work among reinforced concrete construction of this case as the construction cost of the instant construction work, the construction period of KRW 4,481,400,000, and the construction period of January 5, 2018 to December 31, 2018, as the construction is terminated following the closure of G.

(hereinafter referred to as “instant subcontract”). (c)

H discontinued the instant construction during the instant construction due to a marine accident in management, etc. on February 1, 2018. On August 13, 2018, the Defendant notified H of the fact that “The instant subcontract is terminated because the construction of reinforced concrete was delayed because workers did not work due to the delayed payment of H’s labor costs.”

As to the instant subcontract agreement on September 11, 2018, the Defendant and H determined that ① the total contract amount of 4,481,400,000 won for the remaining construction among the reinforced concrete construction of the instant construction, and the total contract amount of 2,718,100,000 won for the remaining construction among the reinforced concrete construction of the instant construction, and KRW 3,081,10,000 for the term receipt amount of H (=amount of 2,718,10,000,000 for advance payment of KRW 363,00,000 for advance payment of KRW 2,081,00,000 for the current payment at the present point, and ② H is responsible for the delayed wage and other accounts (issuance of tax invoices) of H’s total wage and other accounts (1,162,000,0000,0000 for the smooth progress of construction work, such as temporary occupation and suspension of construction work.

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