(영문) 서울중앙지방법원 2015.11.06 2015가합514037

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(영문) 서울중앙지방법원 2015.11.06 2015가합514037

하도급대금직접청구의소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. During the construction period of the instant building on March 13, 2013 to September 30, 2014 (hereinafter referred to as “Tariwon”) as the implementer of a business that newly constructs and sells an officetel and a building in the Jeju Island, which is a neighborhood living facility, (hereinafter “instant building”), on the instant land (hereinafter “instant project site”), Seopo-si 1201 and eight parcels in Seopo-si, Seopo-si, Seopo-si (hereinafter referred to as “Sariwon”) and signed a contract for the construction of the instant building to be executed from March 15, 2013 to September 30, 2014 by setting the construction period as KRW 20,86,000,00.

B. On March 26, 2013, the Defendant concluded a sale-type land trust contract on the instant project site and building, and completed the registration of ownership transfer in the name of the Defendant regarding the instant project site on March 29, 2013.

C. On April 2, 2013, the Defendant: (a) changed the name of the owner of the instant building from the database to the Defendant; and (b) concluded a contract for the succession of the construction contract with the owner of the existing construction contract to the Defendant on April 26, 2013; and (c) changed the status of the owner of the instant building into the Defendant.

On May 25, 2014, in relation to the construction of the instant building, the term of construction of interior works is KRW 2,52,00,00 (including value-added tax); the term of construction has been fixed from May 25, 2014 to September 30, 2014; the term of construction was fixed and subcontracted from May 25, 2014 to September 25, 2015; the term of construction of interior works, among the construction of the instant building, was KRW 1,378,30,00, and the term of construction from May 25, 2014 to September 30, 2014; the term of construction was fixed and subcontracted from May 25, 2014 to September 23, 2014 to the period of construction work of the instant new building as KRW 264,00,000 to June 23, 2014.

(hereinafter referred to as the “instant subcontract” in total, and each of the said subcontracts is referred to as the “instant subcontract”). The construction period thereafter is until November 26, 2014.

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