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(영문) 서울중앙지방법원 2017.01.18 2016가합502314

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 9, 2012, the Defendant entered into a contract with the contractor for the A project ordered by the UZ-KOR GAS Ltd., a joint venture company located in Uzbekistan (hereinafter “exploitial”), setting the contract for the A-project with the Defendant’s employees for the implementation of the said project (hereinafter “the instant accommodation construction”) as the cost of construction 13,440,00 U.S. dollars (hereinafter “$”) and the construction period as of August 31, 2013.

B. The instant lodging construction includes electrical construction, and such electrical construction consists of construction electricity, camping processingra construction, and field entrance construction. The instant construction is a construction project to supply electricity to the lodging of the Defendant employees at a transformation station designated by the ordering office.

However, Hyundai Engineering Co., Ltd. (hereinafter “Modern”) and Samsung Engineering Co., Ltd. (hereinafter “Tsung”) wished to additionally perform a camping process for each employee’s accommodation in the said Camp Processing System. Following the tendering procedure, the contract for the construction work for the construction work of this case was concluded between the national energy, the Defendant, Hyundai, and Samsung determined the construction cost as USD 1,140,00 and the construction cost as USD 1,140,00 (hereinafter “instant contract”). The national energy entered into between Hyundai and Samsung’s Camp Processing System (hereinafter “instant contract”). On February 26, 2013, the national energy entered into a subcontract with B Co., Ltd. (hereinafter “B”) on February 26, 2013 as to the construction period from February 26, 2013 to June 20, 2013, 816,000,000.

On March 4, 2013, Samsung set the construction cost as USD 380,000 between the national energy and May 22, 2013, and a separate contract is made.