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(영문) 수원지방법원 2019.03.28 2018나6256
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. A. Around May 17, 2014, the Defendant concluded a construction contract with C Co., Ltd. (hereinafter “C”) to determine the construction period from May 17, 2014 to June 20, 2014, with respect to the installation of automatic and semi-automatic text messagess for the installation of construction cost of the 66,00,000,000 construction cost (including value-added tax, advance payment of KRW 19,00,000), and the construction period of construction to be subcontracted.

B. As the Defendant delayed the above construction, G of F Co., Ltd., the contractor of C (hereinafter “F”) had the Plaintiff, who was performing metal construction work at around June 2014, perform part of the said construction work (the ceiling construction work; hereinafter “instant construction work”), and the Plaintiff performed the instant construction work with the Defendant’s consent.

C. After the completion of the instant construction project, including the instant construction project, the Defendant filed a lawsuit against C to seek payment of the remainder of the construction cost of KRW 47,00,000 (i.e., the total construction cost of KRW 66,00,000 - advance payment of KRW 19,000,000) and the delay damages (Article 114671 of the Daejeon District Court Decision 2016GaMa14671). Accordingly, the said court made a decision in lieu of the conciliation that “C shall pay the Defendant KRW 30,00,000,000 in installments,” and thereafter, the Defendant received all the aforementioned adjustment payments from C.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 and 4, G with the original judgment, and the purport of the whole testimony and pleading of H

2. Determination

A. Determination 1 on the cause of claim 1) The Plaintiff asserted that the instant construction work was sub-subcontracted by the Defendant and completed the construction work by re-subcontracted by the Defendant (i.e., material cost of KRW 14,260,000 (i.e., KRW 2,510,000, labor cost of KRW 8,400,000 and other expenses). As such, the Plaintiff sought payment of the said construction cost and damages for delay.

The defendant did not conclude a contract for construction with the plaintiff.

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