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(영문) 대전지방법원 2016.04.07 2015가단27771

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. Around February 12, 2015, B Co., Ltd. (hereinafter referred to as “B”) drafted a contract with the E, the representative director D of the company A (hereinafter referred to as Nonparty A) whose headquarters is Jung-gu, Daejeon (hereinafter referred to as “Nonindicted Party A”) to receive a contract for the construction of reinforced concrete (hereinafter referred to as “instant reinforced concrete construction”) among the new construction works located in the former Military F located in North Korea-U.S. from B (hereinafter “instant new construction”) from Nonparty A, setting the price for the construction of reinforced concrete at KRW 1,870,000,000, and the construction period from February 17, 2015 to July 17, 2015.

The above contract provides that "1. The contract entered into with the owner of a building after the trust contract and the change of the construction work after the trust contract shall be null and void, and the contract shall be paid in terms of the changed comprehensive construction company. 1. Payment of the contract shall be made in trust funds and bank loans."

B. B entered into a contract with the Defendant holding a comprehensive construction license on March 19, 2015 that the Defendant would receive a contract for the entire amount of the instant newly built construction cost of KRW 3,570,600,000.

C. The Defendant tried to conclude a subcontract on the instant reinforced concrete construction project with Nonparty A, but the term “payment: Payment of construction costs: Payment based on the base rate as of the end of each month as of the end of the applicable month, which is the same as the terms and conditions of payment for construction costs, shall be made to the ordering office of

"A dispute over the terms and conditions of payment for completed portion has not been prepared."

In the instant case, the instant steel bars were conducted without the execution of the subcontract agreement with the Defendant. On April 19, 2015, around April 19, 2015, at the time of the suspension, the instant steel bars were suspended as the steel number of construction companies, including Nonparty A, etc., and there was no agreement between the Plaintiff, Nonparty A, Defendant, and B on the rate of utility fairness or the construction cost.

B The base labor cost and material cost for the instant reinforced concrete construction, which was incurred until the interruption thereof, shall be E.