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(영문) 광주지방법원 2017.12.19 2016가단529173
정산금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. In around 2010, Korea ordered C New Construction Corporation (hereinafter “New Construction Corporation”) to supply and demand the new construction of this case jointly among the name of the corporation (in the case of a new construction corporation for convenience, the portion of “stock company,” among the name of the corporation), D, C, C, C and C.

(hereinafter referred to as the "Co-owners of this case"). (b) Four copies, including the comprehensive construction of leather sites, shall be referred to as the "Co-owners of this case"

Around October 8, 2010, the instant joint contractor entered into a subcontract with the Plaintiff, a subsidiary company of D, and with respect to the portion of the instant new construction works (hereinafter “the instant land”) from October 8, 2010 to December 20, 2010, with respect to the construction cost of KRW 694,650,000, and with respect to the construction period from October 8, 2010 to December 20, 2010, and (2) around October 20, 2010, with respect to the portion of the packaging works from among the instant new construction works (hereinafter “instant packing works”), the instant joint contractor entered into a subcontract with the Defendant and the instant construction period of KRW 536,80,00,000, and the construction period from October 20, 2010 to December 25, 2010.

C. The original Defendant, the Republic of Korea, and the instant joint contractors agreed to pay the construction cost under the above subcontract agreement directly to the Plaintiff and the Defendant.

In fact, E, an individual entrepreneur who does not have a license for a specialized construction business, directly performed the said construction work with the Plaintiff and the Defendant’s license, and the completion inspection on the instant newly built construction work was completed around March 28, 201.

[Ground of recognition] Each entry of Gap evidence 1, 2, Eul evidence 1-1, 1-3, and the purport of the whole pleadings

2. The plaintiff's assertion

A. From October 20, 2010, the Defendant appointed E as the field agent or the head of the execution office to perform the package work of the instant case, and E was performing the sewage culvert maintenance work in the area of the former, South, South, and North, the Defendant is in F for the said construction work.

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