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(영문) 인천지방법원 2016.07.15 2015가합58491
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 18, 2012, the Defendant: (a) selected Non-Party Dong-dong Comprehensive Construction Co., Ltd. (hereinafter “Dong-dong Comprehensive Construction”) as a contractor; and (b) concluded each construction contract with regard to the construction of a hotel with the name of “D hotel” on the land of Nam-gu Incheon Metropolitan City as “D hotel” (hereinafter “instant hotel”) on the land of Nam-gu, Incheon; and (c) determined the construction cost as KRW 8,187,080,000 and the construction period as from December 10 to November 30, 2013.

B. On November 21, 2013, DongHa General Construction entered into a contract with Plaintiff A for each of the following construction works: (a) the construction cost of KRW 51,469,00 for the interior film works among the new hotel construction works in the instant case; and (b) the construction period from November 21, 2013 to March 31, 2014; and (c) on January 6, 2014, the Plaintiff L&P Co., Ltd. (hereinafter “Plaintiff L&S”) entered into a contract with Plaintiff A&S for each of the following construction works: (a) the construction cost of KRW 231,00,000 for each of the new hotel construction works in the instant case; and (b) the construction period from January 6, 2014 to March 31, 2014.

C. From March 2014, 2014, as the construction of Dongn General Construction aggravated financial standing, the Plaintiffs and the non-party subcontractors were unable to pay the subcontract construction cost properly to the Plaintiffs and the non-party subcontractors, the Plaintiffs and the non-party subcontractors have exercised the lien on the hotel of this case while suspending construction.

From September 2014 to November 201 of the same year, the Defendant paid part of the subcontract construction cost for which comprehensive construction was not paid to the Plaintiffs and the non-party subcontractors on behalf of them. Accordingly, the Plaintiffs and the non-party subcontractors resumed the new construction of the instant hotel and completed the new construction of the instant hotel around January 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 4-7, and 15 (including provisional number), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiffs asserted that the Defendant was the Defendant on April 2014.

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