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(영문) 인천지방법원 2015.07.14 2014나55390

노임

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion is the same year from August 1, 2013 under a subcontract with the Defendant for the parts of steel bars, concrete, and non-form part among the construction works of the C Hospital in Bupyeong-gu, Seocheon-gu (hereinafter “instant construction works”).

9. up to 12.12. Each of the above construction works was carried out.

As can be seen, the Plaintiff did not receive a subcontract for the construction work from Samjin Construction Co., Ltd. (hereinafter “Yjin Construction”), but performed the construction work at the request of the head of the site site of the Defendant Co., Ltd., and there was a problem in performing the construction work, and the Defendant requested the Plaintiff to prepare a confirmation document and continue the construction work, and the Plaintiff continued the construction work.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 19,730,000 and the delay damages.

2. The following: (a) the Defendant concluded a construction contract on the part of the instant construction work, which was the structural part of the instant construction work, with the period of construction up to July 15, 2013, with respect to the structural part of the instant construction work, between Samjin National University around 2013; (b) the construction work performed by the Plaintiff constitutes a part of the structural part of the steel construction contracted for Samjin National University; and (c) the construction work was anticipated not to be completed until the said period of Samjin National University National University around the said period.

7.9. The date of the completion of the entire aggregate shipbuilding works to the defendant;

8.For the end of 25. Determination of each detailed air, and, if each detailed air is not observed, the agreement with the defendant shall be terminated immediately due to the reasons attributable to the tri-domination, and shall give up all the rights of tri-domination resulting from the said construction.

“A letter of confirmation was prepared and drawn up, and ③ However, as the Cropic construction was suspended several times due to the failure to observe the air promised even thereafter, the Plaintiff’s “Plaintiff” to the Defendant on August 13, 2013.