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(영문) 서울남부지방법원 2020.12.22 2019가단237849
공사대금
Text

All of the plaintiff's claims against the primary defendant and the conjunctive defendant are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The primary defendant is a juristic person established for the purpose of running artificial fishery, etc., and the primary defendant is the internal director who is the primary defendant's representative.

B. D, the owner, newly built a multi-family house on the ground of Gangnam-gu Seoul E land around 2018;

(hereinafter referred to as the “new construction of this case”) C.

From July 1, 2018 to September 30, 2018, the Plaintiff completed the structural construction project at the new construction site (hereinafter “instant structural construction”).

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. Determination on the cause of the claim

A. The gist of the parties' assertion 1) The plaintiff: (a) the plaintiff performed the instant framework project under a subcontract from the primary defendant; (b) the plaintiff was paid only KRW 130,00,000 out of the construction cost of KRW 202,720,000 from the primary defendant. Therefore, the primary defendant is liable to pay the plaintiff the remainder of the construction cost of KRW 72,720,000, and the delay damages therefor. (ii) The primary defendant is liable to pay the plaintiff the remainder of the construction cost of the instant framework project, even if the plaintiff was not awarded a subcontract from the primary defendant, the primary defendant's representative, at least at least 72,720,000, and the conjunctive defendant is liable to pay the plaintiff the remainder of the construction cost of KRW 72,720,00 and the delay damages therefrom. (ii) The primary defendant is not the primary defendant and the primary defendant, who concluded a new subcontract from D with D, and paid the subcontract price for the instant construction project.

Therefore, there is no contractual relationship between the Plaintiff and the primary Defendant or the primary Defendant, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.

B. According to each of the statements in Gap evidence Nos. 7-1 to 4, and Gap evidence No. 8, the steel bars were supplied to the new construction site of this case.

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