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(영문) 대전지방법원천안지원 2014.01.21 2013가합2521

공사대금

Text

1. The part concerning the claim for delay among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. 1) On October 5, 2012, the Defendant entered into a contract for work with D Co., Ltd. (hereinafter “D”).

2) As between the Corporation and the Corporation (hereinafter referred to as the “E Building Construction Corporation”) for the Construction of Urban Residential Housing in Seo-gu, Seoan-gu, Seoan-si.

As to the construction cost as KRW 5 billion, the contract was concluded by setting the contractor’s amount as KRW 5 billion. The Defendant is a limited partnership company F (hereinafter “F”) for the payment guarantee of the contractor.

(E) The amendment is to be made to the E Contract for Construction of Buildings (hereinafter referred to as “E Contract”) between F and F on the good offices of C around November 2012.

(2) On December 5, 2012, the Defendant concluded a contract for construction work (hereinafter “G contract”) with F as the main agent of C on December 5, 2012, setting the construction cost as KRW 7.5 billion (excluding value-added tax) with respect to the construction of a new urban-type housing unit (hereinafter “new construction of G building”) on the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul (hereinafter “G building construction work”).

3) On December 20, 2012, the Defendant: (a) between F and F as the main line of C on December 20, 2012; and (b) the construction of a newly built urban residential house with H above ground in Seo-gu, Seoan-gu, Seocheon-si (hereinafter “instant new

(2) As to the construction cost of eight billion won (excluding value-added tax), the contract (hereinafter referred to as “instant contract”).

(B) On October 26, 2012, the Plaintiff entered into a subcontract. (B) On October 26, 2012, the Plaintiff subcontracted the civil construction work cost of KRW 280,000,000 from D to D and started construction work around that time.

2) On January 7, 2013, the Plaintiff was awarded a subcontract for civil engineering works among the new construction works of the instant building from F. The Plaintiff entered into a subcontract concluded between the Plaintiff and F (hereinafter “instant subcontract”).

The main contents of the Committee shall be as follows:

- Construction cost: The date of commencement of construction cost of KRW 410 million: January 2, 2013: Scheduled date: Contract bond, advance payment: March 2, 2013: No progress payment rate of delayed payment in accordance with the terms and conditions of consultation: 1/100

C. On October 11, 2012, the Defendant, at the end of the contract, shall be from October 11, 2012 to December 12, 2012.