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(영문) 의정부지방법원 2018.02.13 2016가단116312

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 April 13, 2015, the Defendant: (a) from Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) on April 13, 2015, the construction project owner B [the project owner: the Korea Eastern Development Co., Ltd. (hereinafter “Korea East Development”).

) Of the construction of the instant foundation, the construction of the earth structure, electric power production devices, and outdoor equipment foundation (hereinafter “instant foundation construction”) were awarded a subcontract for the said construction. Around that time, modern construction submitted a field agent system that “C is appointed as the site agent of the instant foundation construction, stay at the site of the instant foundation construction, and delegate C the authority to manage and control the site, and take emergency measures.”

B. C served from April 2015 to January 2016 as the site manager at the site of the instant foundation project site.

C. On the other hand, on June 5, 2015, C prepared and delivered to the Plaintiff a performance note stating that “C shall pay KRW 60 million out of KRW 75 million on June 8, 2015, and shall pay the remainder on June 9, 2015. If it fails to comply therewith, there is no reason to sell apartment.” The performance note stating that “C waives D apartment 528 in Ansan-gu, Ansan-si.” (hereinafter “instant performance note”).

In addition, around that time, the Plaintiff prepared and delivered to C an input statement related to the excellent coal handling equipment construction (total of KRW 86,380,000, including personnel expenses paid from November 2014 to May 2015). C recognizes an input of KRW 75,00,000 at the bottom of the above specifications.

Singtop (State) C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 4, testimony of witness C, fact-finding results on the development of the Republic of Korea Dongs by this court, purport of whole pleadings

2. On November 2014, the Plaintiff’s summary of the Plaintiff’s assertion entered into a contract on the construction of the coal-handling equipment and the installation of the drain pipe (hereinafter “instant construction”).