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Reasons
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(영문) 서울남부지방법원 2017.07.07 2016가단29146
하도급공사대금 직불금
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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. On February 4, 2016, the Defendant entered into a contract with the Defendant to subcontract the construction cost of KRW 330,000,000 ( KRW 172,00,000, KRW 2 block 158,000, KRW 150,000) of the construction cost among the new construction works of Osan City D and E located F buildings that the Defendant performed.

B. The Defendant and C shall pay the construction cost at the time of the above contract in the course of the field work, and upon C’s request for the construction cost based on the climate as of the end of the following month, the Defendant shall pay the construction cost by evaluating the climate of the period claimed as of the end of the following month (Paragraph 6 of the contract), and shall submit a daily report of construction work containing matters such as D’s work plan, Jindo project plan, Jindo-do, labor personnel withdrawal, materials entry, and climate, etc., as of the 20th day of each month according to the progress of the construction work, and shall prepare a report and submit a written report, and request for adjustment after consultation.

(Special Conditions 4-2(b)(c).

The Defendant paid C the instant construction cost of KRW 10,000,000 on March 25, 2016;

4.6,227,300 won (as of April 20),

6.1. A total of KRW 145,803,430, including KRW 69,576,130 (in May), and C discontinued construction after June 1, 2016.

Meanwhile, on June 9, 2016, the Defendant paid KRW 17,770,00 for labor cost on April 30, 2016 to G, H, I, J, and K, etc., and paid KRW 86,925,00 for labor cost on May 30, 2016 to the employees, such as K, L, and J, and paid KRW 69,15,00 for labor cost on May 30, 2016.

In addition, on June 29, 2016, the Defendant: (a) paid to the employees of C in total KRW 10,713,400, OP, KRW 4,075,00, KRW 11,039,000, and KRW 1,790,000, and KRW 27,617,40,000, in total, to the S Company T.

【Ground for Recognition: Facts without dispute, Gap evidence 3, Eul evidence 1 through 10 (including each number), the purport of whole pleadings

2. The plaintiff's assertion

A. The plaintiff is at the request of C.

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