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(영문) 서울중앙지방법원 2016.06.22 2015가합543561

공사대금

Text

1. As for Defendant A farming association corporation, Defendant A:

A. The Plaintiff Co., Ltd.’s industrial development KRW 137,800,000 and its related thereto. < Amended by Act No. 13305, May 2015>

Reasons

1. Basic facts

A. Defendant A farming association corporation (hereinafter “Defendant A”) is an incorporated farming association established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises for the purpose of agricultural management and incidental business, etc., and Defendant B, C, D, E, and G is its members.

B. On December 22, 2014, Plaintiff Crsung Industrial Development Co., Ltd. (hereinafter “Plaintiff Crsung Industrial Development”) (hereinafter “Plaintiff Crified Industrial Development”) concluded a contract for construction cost of KRW 129,80,000 (including value-added tax) and the construction period from December 22, 2014 to January 30, 2015 with the Defendant Corporation’s construction cost of KRW 129,80,000 (including value-added tax).

In addition, during the construction process, the Plaintiff’s development received additional construction cost of KRW 8,000,000 from the Defendant corporation.

Plaintiff

On February 10, 2015, the development of the sex industry completed all of the above construction works.

C. On December 5, 2014, Plaintiff Ebcare Co., Ltd. (hereinafter “Plaintiff Ebcare”) contracted that the construction work for the 8 mutual assistance facilities of Gangwon-gun H and I ground fireworksFFF C from the Defendant to December 5, 2015 for the construction work cost of KRW 210,100,000 (including value-added tax) and the construction period from December 5, 2014 to December 5, 2015; and ② around January 2015, the two mutual assistance facilities construction of the above ground fireworksFF CF as KRW 53,90,000 (including value-added tax) were determined and supplied as the construction cost of the construction cost of the said mutual assistance facilities.

Plaintiff

During the process of the above construction work, Acare suspended the construction work with knowledge that the Defendant corporation did not have any intent or ability to pay the construction cost under the above construction contract, and expressed its intention to terminate the above construction contract as the delivery of the complaint of this case.

At the time of termination of the above construction contract, the final appeal is KRW 165,321,647.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. The summary of the plaintiffs' assertion is as follows: The defendant corporation, according to each contract entered in the above basic facts, 137,800,000 won for the development of the chemical industry, and 165,321.