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(영문) 서울동부지방법원 2018.06.21 2016가단124710
공사대금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: 54,300,000 won and its therefrom from July 19, 2016 to June 21, 2018.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence 1, 3, 5, 10, 11 (including additional numbers), Eul evidence 7, and the entire purport of the pleadings:

The Plaintiff entered into each of the subcontract agreements of KRW 329,900,000 (hereinafter “each of the subcontract agreements of this case”) on nine occasions as shown in the attached Table “subcontract details” and completed the construction work.

B. D and E engaged in the execution of each of the instant subcontract agreements with the Plaintiff on behalf of the Defendant Company B while working as the site leader at the construction site where each of the said subcontracts was conducted, as the workers belonging to the Defendant Company B.

C. The Plaintiff received KRW 209,650,000 in total on 17 occasions from July 18, 2014 to July 27, 2015, as indicated in the attached Table of “Performance Details” among each of the instant subcontracts, and received KRW 68,30,000 in total on nine occasions from August 12, 2015 to February 4, 2016.

However, among the repayment of the construction cost set forth in the above Nos. 1 through 7, the repayment amount of Nos. 15, 16, and 17 in the annexed Table Nos. 15, 17 is the repayment by Defendant C.

Defendant C agreed to pay KRW 60,000,000, out of the construction price paid Nos. 1 through 7 in each of the instant subcontract agreements between the Plaintiff and the Plaintiff on June 22, 2015, as the head of the headquarters of Defendant C Co., Ltd., and the payment by July 20, 2015.

(hereinafter referred to as the “instant payment agreement”) 2. Claims and determination

A. Defendant B, as a subcontractor of each of the instant subcontracts, bears the obligation to pay the subcontract price to the Plaintiff, who is the subcontractor. The subcontract price set forth in the attached table Nos. 1 through 7 among the instant subcontracts is KRW 260,900,000, even though the sum of the subcontract price set forth in the attached table Nos. 1 through 7 of the instant subcontract is KRW 260,90,000.

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