beta
(영문) 인천지방법원 2016.11.22 2016나4440

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on reinforced concrete construction business and soil construction business. The Defendant is a company that carries on construction project management business, etc., and the Defendant’s Intervenor (hereinafter “Supplementary Intervenor”) is a company that carries on construction business and housing construction business.

B. The Defendant was awarded a contract for the construction of a new educational facility on land outside B in Jung-gu, Seoul and four lots (hereinafter “instant construction”). On March 20, 2013, the Plaintiff was sub-subcontracted by the Intervenor who was subcontracted the instant construction from the Defendant.

C. On June 18, 2013, the Plaintiff prepared a written confirmation of the following contents (hereinafter “instant confirmation”) with C, the Defendant’s on-site director, and prepared and issued a written rejection of the instant waiver of construction work to the supplementary intervenor around July 8, 2013.

Written Confirmation

1. On-site name: D new construction works;

2. Name of construction type: Alley construction work;

3. Name of enterprise: The plaintiff;

4. Until April 25, 200 unit price for a unit of work as of the date of the additional construction amount, 5 160,000, 320,320,50 night-time snow at the night-time, 300,000 concrete night-time cooking-type 130,000, 300, 3160, 480, 000 concrete night-time snow-type 160,000, 300, 300, 1200, 160, 300, 160, 150, 310, 3100, 300, 160, 160, 300, 160, 160, 300, 160, 160, 300, 160, 160, 300, 60, 600, 600, 600, 1, 600

5. Scheduled date of payment: On July 31, 2013, the identification that the above additional construction amount will be paid by July 31, 2013, the statement in Gap (Defendant) Director C (Signature) [Ground of recognition], Gap, 3, 4, 1 through 6, 9, 11, and 16, each statement in Gap (including branch numbers if any) and the purport of the whole pleadings;

2. The parties' assertion

A. The plaintiff.