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(영문) 대전지방법원천안지원 2019.03.22 2018가합100697
하도급대금 등
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 November 22, 2016, the Defendant concluded a contract with C (hereinafter “Co., Ltd.”) for the construction of a pel structure (hereinafter “instant construction”) from among the construction works of a new building located in the south-gu, Dong-gu, Dong-gu, and five lots of land (hereinafter “C”), 2,840,000,000, and the construction period from November 22, 2016 to April 30, 2017.

The above Corporation mainly proceeded with G, H, and I (hereinafter “G, etc.”).

B. At around May 2017, when the Corporation was in progress, I claimed a right to KRW 200 million of the construction cost on the ground that it paid a contract performance bond, and this led to difficulties in the progress of construction.

Accordingly, G requested that the Plaintiff, who is engaged in human resources supply business, pay funds to the Plaintiff and carry out the construction work, and the Plaintiff began to participate in the instant construction work from that time.

[Ground of recognition] Facts without dispute, Gap's evidence 1, 2, 6, 12 evidence, Eul's evidence 1 to 3 (including each number; hereinafter the same shall apply), witness G's witness G's testimony, the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s assertion spent KRW 255,298,00 in total as labor cost, material cost, and additional construction cost at the construction site of this case from May to August 2017. The Defendant shall pay the Plaintiff the said money as construction cost for the following reasons.

The Plaintiff filed a claim pursuant to Article 14(1)3 of the Fair Transactions in Subcontracting Act, which received a subcontract for the instant construction from the Defendant C.

However, C does not pay the Plaintiff two or more installments of the subcontract price, so the Plaintiff directly claims the Defendant for the subcontract price pursuant to the above law.

B. On or around May 2017, the Plaintiff filed a claim under a contract with the Defendant for the instant construction work that C performed by the Defendant was directly contracted by the Defendant.

3. Determination of a direct claim for payment as provided for in Chapter I (subcontracts).

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