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(영문) 서울고등법원 2017.03.10 2016나2065689
공사대금
Text

1. All of the plaintiffs' claims changed in this court are dismissed.

2. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Grounds for and determination of changes in the grounds for the claim

A. On September 17, 2012, the Plaintiffs entered into an agreement on the supply of personnel and personnel expenses (hereinafter “instant subcontract”) with the Defendant to the effect that the Plaintiff would receive the subcontract as the cost of construction 308,000,000 (excluding value-added tax) and the construction period from September 24, 2012 to November 12, 2012, the Plaintiffs entered into a contract with the Defendant for the supply of personnel and the construction of the cost of the said subcontract (hereinafter “instant subcontract”), and additionally, the additional construction of KRW 36,670,000, total 300,000,000, such as parking lot luminous, etc.

However, the Defendant did not pay the Plaintiffs the remainder of KRW 121,670,000 (the remainder of the construction cost claimed by the Defendant as the direct enforcement of the unpaid construction cost, excluding the amount acknowledged by the Plaintiffs).

Therefore, the defendant is obligated to pay the plaintiffs the unpaid construction cost of KRW 121,670,00 and delay damages.

B. The Defendant agreed to supply the raw materials used for the Corporation in the instant subcontract, as stated on February 17, 2017, for the cause of the claim that was changed to exchange in this court (the preparatory documents as stated on February 17, 2017).

However, the defendant's failure to pay the royalties necessary for the Corporation to the supplier company (TTT Industries Co., Ltd.) and the company will not believe the defendant's promise and thus offer the plaintiffs' guarantee in writing. Accordingly, the plaintiffs entered with the head of the defendant's On-Site and followed the above company to guarantee the payment of the royalties.

Therefore, KRW 121,670,00,00 claimed in the complaint of this case, is not the balance of construction, but the amount of paint supplied and used by the above company.

Since then, as the defendant failed to pay it, the plaintiffs pay the relevant paint from the above supplier.

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