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(영문) 의정부지방법원 2013.11.07 2012가합15180
공사대금
Text

1. The lawsuit against the Plaintiff (Counterclaim Defendant) regarding the part of the claim for construction cost shall be dismissed;

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;

A. Defendant C awarded a contract to Defendant B Co., Ltd. (hereinafter “Defendant Company”) in which he/she is in office as the representative director, for the new construction of electric source housing on the same and 13 lots of land owned by it (hereinafter “instant construction”). Defendant C awarded a joint contract for the instant construction work to the Plaintiff, setting the normal bank in charge of the settlement of accounts and the construction period from November 20, 201 to May 30, 201, and jointly awarded a contract for the instant construction work amounting to KRW 2,620,000.

(hereinafter referred to as "the subcontract of this case". (b)

However, since July 2012, the construction in this case was delayed, and the construction price for the plaintiff and the subcontractor will not be paid to the plaintiff and the subcontractor. The defendant company transferred the sales price claim amounting to KRW 214,775,000, the construction price of which the defendant C had against E, to the ordinary subcontractor. From January 2013, the defendant company directly handled the construction price to the subcontractor upon the request of the ordinary committee of dispute resolution.

C. Nevertheless, the Plaintiff and the Plaintiff, a joint subcontractor of the instant construction project, are in a large size of the unpaid construction cost to the subsidiaries, and the Defendant Company and the Plaintiff Company confirmed that, on March 4, 2013, the unpaid construction cost was KRW 294,980,450,00 (including value-added tax) up to the date of the instant construction cost settlement agreement, and the Defendant Company paid it to the normal settlement agreement that the performance of the obligation to pay the construction cost of the Defendant Company under the instant construction contract is completed by the Defendant Company.

The Defendant Company fulfilled all the obligation to pay according to the above settlement agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4 through 9, 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Plaintiff’s request

A. The Plaintiff filed a claim for construction cost, while deciding to proceed with E and the instant construction project as a partnership business, entered into an investment-related agreement on October 29, 201, and thus, in the instant case.

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