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(영문) 대구지방법원 2013.05.24 2012가합12669

공사대금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. Around September 2011, the Defendant concluded a contract on construction works with respect to high-quality rice brand promotion project construction works (hereinafter “instant construction works”) with respect to the construction work cost of KRW 1,825,00,000 (including value-added tax) and the construction period from September 16, 201 to August 31, 2012 (construction completion) with respect to the construction work for high-quality rice brand promotion project joint business entities of the Mine-gun Agricultural Cooperatives Co., Ltd. (hereinafter “YA”)

(hereinafter “instant construction contract”). B.

Since the conclusion of the instant contract for construction work, C&C awarded a contract for a part of the instant construction work to the Plaintiff and the Selections, who were construction business operators. On August 2, 2012, the Plaintiff: (a) on August 12, 2012, the Plaintiff was awarded a contract for the instant construction work; (b) on June 12, 2012, E&C Co., Ltd. (including value-added tax); and (c) on May 14, 2012, the Selection was awarded a subcontract for the instant construction work with KRW 240,00,000 (including value-added tax); and (d) on June 12, 2012, the Selection was awarded a contract for the instant construction work with KRW 18,00,00 (including value-added tax); and (e) on June 12, 2012, the Selection C completed each of the instant subcontracting construction work with each of the instant subcontracting (including value-added tax).

C. Meanwhile, until September 11, 2012, the Defendant paid KRW 1,141,060,000 as the construction price to the Category C Engineering. On November 15, 2012, the Defendant settled the construction price to be paid to Category C Engineering in KRW 513,908,934.

Plaintiff

In addition, the construction cost not paid by the designated parties pursuant to each of the subcontract agreements of this case shall be as stated in the "amount claimed" in the attached Table.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 6 (as 6, 7 of Eul evidence No. 6), 8, 12, 13, 14, 16, 20, 23, Eul evidence Nos. 1, 6, and 7 are included below.