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(영문) 광주지방법원순천지원 2019.07.11 2018가합12484

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 2015, the Defendant entered into a construction contract with the Plaintiff and B (the share ratio: Plaintiff 51%, Plaintiff B: 49%, and hereinafter referred to as “Plaintiff, etc.”) to jointly manage the rearrangement project in the Seoul area (hereinafter referred to as “instant construction project”). On November 16, 2017, the terms and conditions of the contract have changed thereafter, and the final determined contract amount is KRW 25,76,80,000, and the final completion date is May 31, 2018.

B. The plaintiff et al. entered into a subcontract that some of the instant construction works is divided into DBA, E-BA, GBA, HBA, HBA, I, etc.

The defendant entered into an agreement with the plaintiff et al. and the above subcontractor to pay the subcontract price directly to the sewage subcontractor.

C. On January 2018, the Plaintiff changed the contract amount with sewage companies several times, and submitted to the Defendant a subcontract management plan (hereinafter “the first plan”) that changes the subcontract price with the seal imprint affixed by all sewage companies. The Defendant approved the first plan on January 30, 2018.

The contents of the revised subcontract management plan are as follows in the column of the "first plan" in the following table:

[mark] 30, 070, 7, 175, 930, 207, 205, 208, 307, 467, 207, 207, 207, 205, 207, 407, 406, 47, 470, 47, 277, 000, 205, 307, 1760, 47, 1760, 468, 47, 47, 000, 270, 270, 305, 270, 306, 47, 000, 795, 760, 760, 760, 528, 1530, 460, 468, 3686, 306, 3608

D. As to the instant construction works, June 2018.