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(영문) 부산지방법원 동부지원 2018.05.30 2017가합697
골조공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for interior construction business, soil construction business, etc., and Defendant B is a person engaged in construction business under the trade name of “D”, and Defendant C Co., Ltd (hereinafter “Defendant Company”) is a company established for construction business.

B. On November 19, 2016, Defendant B entered into a contract with the Defendant Company by setting the construction cost as KRW 2,450,00,000 (value-added tax separate) with respect to the construction of a new apartment house and neighborhood living facilities on the E and F ground (hereinafter “instant construction”).

C. On January 3, 2017, between the Plaintiff and the Plaintiff, the Defendant Company entered into a subcontract with the amount of KRW 1,905,200,00 (including value-added tax) regarding “the remainder of the construction works other than facilities, electricity, and fire-fighting construction” during the instant construction works, but the subcontract scope on the same day was determined as “the instant construction works of reinforced concrete” and the contract amount of KRW 801,020,00 (728,200,000, value-added tax 72,820,000).

(hereinafter referred to as the “instant subcontract”) D.

Around January 2017, Defendant B drafted a “Agreement on Direct Payment of Subcontract Price” to the effect that Defendant B would directly pay the construction cost pursuant to the subcontract agreement to Plaintiff, G, H, and I, a subcontractor of the instant construction project.

E. Defendant B paid to the Plaintiff KRW 260,000,000 as the first progress payment on January 24, 2017, which was the time when the construction of underground reinforced concrete was commenced on the first floor after completion of the construction of underground reinforced concrete.

F. The Plaintiff was supplied with steel bars from J for the construction of reinforced concrete as stipulated in the instant subcontract. Defendant B, on March 24, 2017, agreed to make a direct payment of steel bars between J and J on March 24, 2017, and KRW 93,96,264, in total, to J until May 31, 2017.

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