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(영문) 대전지방법원 2015.03.27 2013나14819

공사대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 6, 2003, the Defendant completed the registration of transfer of each share in the Defendant’s name with respect to the share of 3,430/65/235/65/235/42,364/42, among the share of 65,235/100 of 3,435/100 of 65,235/100 of 42,364 square meters of 42,364 square meters of Ansan-si, Ansan-si

(B) Each of the above lands becomes a subdivision or registration conversion of F or G land, and the above land C, D, and E before the subdivision or registration conversion (hereinafter referred to as “instant land”). (B)

On July 3, 2009, the Plaintiff conducted a survey on approximately 90,000 square meters of the permitted area of the factory site among the instant land and received a contract by the Defendant on July 3, 2009, with the construction cost of KRW 280,000,000 for the construction period and the construction period from July 3, 2009 to October 3, 2009.

(hereinafter referred to as “original construction contract”). (c)

As the Plaintiff discovered the part of the additional construction while conducting the said survey and coal construction, the Plaintiff and the Defendant concluded an additional construction contract with the amount of KRW 350 million on December 11, 2009, setting the additional construction cost as KRW 350 million.

(hereinafter “Additional Construction Contract”). D. The instant Construction Contract, including the original construction contract and the additional construction contract, is referred to as “the instant construction contract”).

However, on December 22, 2009, the Plaintiff and the Defendant settled the amount of construction work up to the time of the instant construction contract at KRW 216 million. The Plaintiff, on December 22, 2009, renounced the construction work as of December 22, 2009, as to the instant construction contract on December 22, 2009, as to the Plaintiff’s failure to implement the instant construction work that was concluded with the Defendant by negligence. The Plaintiff, on December 21, 2009, drafted a certificate of KRW 50 million out of the amount of construction work that occurred up to December 31, 2009, KRW 50 million and KRW 50 million to the Defendant by December 31, 2009, KRW 50 million,500,000,000 to KRW 50,000 until January 10, 201, and delivered it to the Defendant’s waiver of the construction work by December 5, 2010.

(e).