(영문) 부산지방법원 2018.05.17 2016가단49760

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(영문) 부산지방법원 2018.05.17 2016가단49760

공사대금

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1. The Plaintiff:

A. From September 30, 2016, Defendant Western Construction Co., Ltd.: KRW 66,268,448 and its amount.

Reasons

1. Basic facts

(1) The Defendant Plus Complex Development Co., Ltd. (hereinafter “Defendant Plus Complex Development”) newly constructed an apartment complex B in Geumcheon-gu, Busan (hereinafter “instant building”). The said new construction (hereinafter “instant new construction”) awarded a contract to Defendant Slus Complex Construction Co., Ltd. (hereinafter “Defendant Slus Complex Construction”).

B. On February 4, 2015, Defendant Seo Young Construction awarded a subcontract for the construction cost of the interior works of this case to Defendant Bo Young-chul Co., Ltd. (hereinafter “Defendant Bo Young-chul”) and Defendant A during the construction period from February 15, 2015 to August 30, 2015. Defendant Bo Young-chul and Defendant A paid a subcontract for the construction cost of the interior works of this case to Nonparty C during the construction period of KRW 609,90,000,000, and from April 13, 2015 to August 30, 2015.

Secondly, on July 10, 2015, C renounced the interior construction of this case. On July 14, 2015, the Plaintiff succeeded to the interior construction of this case from C on July 14, 2015, and entered into a sub-subcontract (hereinafter referred to as “the construction contract of this case”) which includes the following contents between Defendant Bonan and A:

① In concluding the interior design of this case in KRW 609,00,000 from Defendant Western Comprehensive Construction, Defendant Bohovah and A shall enter into the contract with the Plaintiff as KRW 428,00,000 (including value-added tax) of the actual cost of the interior design of this case.

② The Plaintiff shall pay KRW 30,000,000 to the Defendant Bohovahovah in terms of the fee for the interior works of the instant case.

③ The Plaintiff shall be paid 60% of the construction cost as a substitute.

x. The Plaintiff completed all the interior design construction in the instant case, and received KRW 80,000,000 from Defendant Bohn-do and A as part of the cost of interior design construction in the instant case.

(v) in addition, in accordance with the terms of the instant construction contract, the Plaintiff is the Defendant.

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