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(영문) 수원지방법원 2016.01.14 2015가합63803

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 16, 2014, the Plaintiff entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the construction of soil and earth-to-land (hereinafter “instant construction contract”) among the new construction works at Sejong-si Complex Co., Ltd. (hereinafter “instant construction works”), and entered into a contract that includes the following (hereinafter “instant construction contract”).

1. Principal contractor: The name of the original contract for Defendant B: the construction work of a new complex C at Sejong City;

2. Subcontract project name: Earth and earth covering construction works among the new construction works of Sejong-si Complex C.

3. Construction site: Sejong Special Self-Governing City D block;

4. Period of construction: Amount of value-added tax of 2,80,000,000 won for the supply on June 16, 2014, completion on December 30, 2014: 2,80,000 won: 2,80,000,000 won;

6. Payment of the price;

(b) Method of payment completed (2) : At least once a month.

B. After that, on July 8, 2014, the Plaintiff entered into a contract with Defendant B to partially modify the content of the instant construction contract (hereinafter “instant modified contract”) and drafted a contract containing the following (hereinafter “instant modified contract”).

1. Principal contractor: The name of the original contract for Defendant B: the construction work of a new complex C at Sejong City;

2. Subcontract project name: Earth and earth covering construction works among the new construction works of Sejong-si Complex C.

3. Construction site: Sejong Special Self-Governing City D block;

4. A construction period: The contract amount: 3,655,300,000 won: The supply amount of 3,323,000,000 won: 332,30,000 won: 332,30,000 won;

6. Payment of the price;

(b) Method of payment completed (2) : At least once a month.

C. The Plaintiff, according to the instant construction contract and the instant amendment contract, completed all of the construction works except for the hedging concrete construction works among them.

On the other hand, with respect to the instant construction contract and amendment contract with Defendant B on January 26, 2015, the Plaintiff’s agreement (hereinafter “instant agreement”) and the agreement under the said agreement are as follows.