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(영문) 서울중앙지방법원 2015.09.11 2012가합532393
공사대금
Text

1. Of the instant lawsuit, the part of the Plaintiff’s respective claims based on the obligee’s subrogation right against Defendant B and D is dismissed.

2...

Reasons

The claims of the principal lawsuit and the intervenor's claims for intervention of the defendant company shall also be regarded as independent party participation.

1. Basic facts

A. The Plaintiff is a company established for the purpose of artificial fishery, such as indoor decorations, and the Defendant Company is a company established for the purpose of civil engineering and building business.

Defendant D is the representative director of the Defendant Company, and Defendant B was the representative director of the Defendant Company, and Defendant C is the representative director of F Co., Ltd. established for the purpose of sports center operation business (hereinafter referred to as “F”).

B. 1) Around 2008, F took out a loan from the Veterans Association for the development fund, and the Defendant Company participated in the construction project at Ansan City. 2) The Plaintiff between the Defendant Company and the Defendant Company on September 1, 2009, and among the construction works described in the foregoing paragraph 1 (hereinafter “instant construction project”).

1,550,000,000 per construction amount (including value-added tax; hereinafter the same shall apply)

(2) As to the construction period from September 1, 2009 to January 30, 2010 (hereinafter “instant subcontract”).

(C) The Plaintiff and the Defendant Company agreed on the termination of the instant subcontract agreement at KRW 846,560,00,00 for the Plaintiff’s flag work price, which was determined as KRW 846,560,00, among December 2, 2009. However, the Defendant Company did not pay the Plaintiff the said flag work price. The Defendant Company did not pay the Plaintiff the said flag work price. 【Grounds for Recognition】 【Defendant Company, Company B, D, and Intervenor: there was no dispute, evidence Nos. 1-2, 5, and 2-1, evidence No. 1-2, evidence No. 8-1, and evidence No. 8-1, and the purport of the entire pleadings, Defendant C: Confession: Confession

2. The plaintiff and the intervenor's assertion

A. The Plaintiff’s assertion against the Defendant Company 1 as to the summary of the Plaintiff’s assertion has a claim against the Defendant Company for the payment of the construction cost equivalent to KRW 846,560,000 under the instant subcontract, and as such, KRW 101,00,000 as part thereof.

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