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(영문) 광주지방법원 2018.10.25 2016가합57644

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 June 19, 2013, Defendant Republic of Korea awarded a contract for the instant construction to Defendant Geum River Construction to Defendant Geum River Construction (hereinafter “instant construction”) on June 19, 2013, the Defendant Republic of Korea concluded a contract with Defendant Geum River Construction for the construction cost of KRW 4,708,383,00, and the construction period from June 20, 2013 to June 9, 2015, with the period of construction fixed from June 20, 2013 to June 9, 2015.

(A) evidence of heading 5, 6.2

On June 24, 2013, 2013, the Plaintiff drafted a written estimate (hereinafter referred to as “written estimate”) stating the necessity of KRW 226,500,00 (excluding surtax) in order to perform the instant earth and sand construction (hereinafter “instant earth and sand construction”) to Defendant Geum River Construction on June 24, 2013, the Plaintiff drafted a written estimate (hereinafter referred to as “written estimate of the instant earth and sand construction”).

A. (Evidence 16) (c)

On July 23, 2013, Defendant Geum River Construction Co., Ltd. contracted the instant reinforced concrete construction to the Plaintiff on July 23, 2013, concluded a contract with the Plaintiff for construction cost of KRW 1,226,50,000 for the instant reinforced concrete construction among the instant construction works (hereinafter “instant reinforced concrete construction”) and the construction period from July 24, 2013 to November 20, 2015.

(hereinafter “this case’s reinforced concrete construction contract” (No. 1). D.

Around August 2013, Defendant Republic of Korea agreed to pay directly the instant reinforced concrete construction cost to the Plaintiff, and Defendant Republic of Korea agreed to pay directly the instant reinforced concrete construction cost to the Plaintiff on August 2013, 2013 pursuant to Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act.

hereinafter referred to as the “ direct payment agreement of this case” (Evidence A No. 8. E.

On May 30, 2015, the Plaintiff prepared a quotation for the instant ancillary civil works to Defendant Geum River Construction on May 30, 2015, stating that the Plaintiff’s construction cost of KRW 170,720,00 in total is required for performing the instant ancillary civil works among the instant construction works to Defendant Geum River Construction.