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(영문) 서울중앙지방법원 2019.01.10 2017가단5232498

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 20, 2016, the Defendant received a contract from C Co., Ltd. for a new construction work, E, which is a neighborhood living facilities and business facilities (offices) of the 17th floor above the 6th floor above the 6th floor above the 17th floor above the Seocheon-si, Seocheon-si (hereinafter “instant new construction

B. In the initial new construction of this case, as a result of the occurrence of problems that the Defendant tried to construct soil tamping construction as C.I.P and LW caring method (hereinafter “C.I.P method”), the Defendant introduced the Plaintiff holding a patent of C-III method through the design office while seeking other soil tamping construction methods, and continued consultation with the Plaintiff on the soil tamping construction by C-III method (hereinafter “C-III construction”) from December 2016, and received a estimate from the Plaintiff on January 4, 2017, with the estimated amount of KRW 735,543,270 (excluding value-added tax).

C. On January 10, 2017, the Defendant, among the new construction works in the instant case, opened the site site conference on seven companies, namely, the subcontracted period of the incidental civil construction works executed by the soil cutting work, earth works, and TRD works.

In the above site site consultation committee, the defendant notified the above companies that the Corporation should carry out construction works through C-III public methods as follows, and provided a quotation received from the plaintiff.

C-III 1) In the event of site site descriptions, the plaintiff's estimates distributed shall be reflected in the tender documents. 2) The plaintiff and the successful bidder shall submit the contract after the direct contract to our site.

3) C-III Terms and Conditions of non-performance of the work process (successful bidder must agree on the non-performance of the work cost of the plaintiff.

4) C-III The Corporation shall settle the terms and conditions after completion of the work.

D. After receiving tenders reflecting C-III construction from the above companies, the Defendant: the contract amount of the ancillary civil works, including the soil cutting work (hereinafter “the instant soil cutting work”) between FF Co., Ltd. (hereinafter “F”) and FF Co., Ltd. on January 23, 2017, is 3,245,000.