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(영문) 부산지방법원 2016.01.20 2015나3157

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

1. The name of the project owner: The name of the D prime contractor: The project to remodel the Eel;

2. The name of subcontracted project: Removal works;

3. Place of construction: Seo-gu Busan;

4. Period of construction: 23 million won for a construction period on August 1, 2012, the completion of construction on August 1, 2012;

6. Payment of the price;

(a) Advance payments: 13 million won;

(b) Balance: Payment for loans or for lease (hereinafter referred to as "payment omitted") after completion of remodeling works;

A. On August 1, 2012, the Plaintiff operating “C” prepared a written contract for the instant construction project with the following content that the Defendant as the representative director D (hereinafter “D”) as the ordering person.

(b) the parties H, the Defendant, I, and J 4 in relation to the operation after the acquisition of the sub-committee in Busan, Seo-gu, and G will faithfully implement this Agreement for the purpose of jointly allocating business interests.

Article 1 (Joint Obligations) The above four persons are responsible for each of them, such as the raising of funds and the provision of services necessary for the acquisition and management of the telecom.

(H) The Defendant shall carry out the affairs of underwriting and underwriting costs and financing loans, and the I and J two persons shall perform the affairs of remodeling and financing out of the cost of the project, and the remodelling of the building shall be the subject of H and I after the completion of the contract by H and I, and the two persons of I and J shall be the subject of the project, and H, Defendant 2 shall actively cooperate with H and J in order to ensure the smooth performance of the project by I and J. In order to ensure that part of the total cost of the project can be procured outside.

(hereinafter) In preparing the instant construction contract, the Defendant issued to the Plaintiff a partnership agreement with the following contents:

C. Under the instant construction contract, the Defendant wired advance payment of KRW 13 million from the account under the name of the Plaintiff to the account under the name of the Plaintiff, and the Plaintiff from August 2, 2012.

8. Until August 25, 200, the instant construction project was completed and the additional construction was implemented at the Defendant’s request. J, which was at the site manager at the construction site of this case, shall be the additional construction cost settlement amount executed by the Plaintiff on August 27, 2012.