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(영문) 제주지방법원 2017.02.09 2016나1007
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On October 10, 2013, the Defendant awarded a contract for the instant construction work to Seocho Construction Co., Ltd. (hereinafter “C”) for the construction period from January 29, 2014 to July 28, 2014, with the construction cost of KRW 600,000,000, and the Seocho Construction subcontracted the instant construction work to D.

B. On April 2014, the Plaintiff was sub-subcontracted to D during the instant construction project and performed from that time to May 2014.

C. The construction was discontinued on the ground that the re-subcontractors of the instant construction project, including the Plaintiff, failed to receive the construction cost at the end of July 2014.

Accordingly, D introduced the re-subcontractors of the Plaintiff, etc. to the Defendant, and requested the Defendant to prepare a certificate of direct payment of the construction cost for continuing the construction work.

Accordingly, around August 2014, the Defendant prepared a written confirmation of the following contents (hereinafter “instant confirmation”) to the Plaintiff.

Location: The owner of the F Studio Construction Project: The owner of the F Studio Construction Project: The owner of the construction of the building at issue is under process with the subcontract for the construction of the building at issue, but the owner has not been paid the construction cost from the subcontracted project, and the owner is responsible for civil and criminal liability when he/she fails to perform the construction work at the payment rate to the subcontractor within 15 days after the completion of the construction of the building.

After the completion of the instant confirmation document, the Defendant, who did not resume the instant construction, terminated the contract for construction works with the Western Construction around November 16, 2014, and concluded the remaining construction works with the other company on December 23, 2015.

[Reasons for Recognition] Facts without dispute, significant facts in this court, Gap evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. As the construction of the instant case’s summary of the Plaintiff’s assertion was completed, the Defendant completed the construction of the Plaintiff’s non-construction price 1.

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