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(영문) 대구지방법원 2015.06.12 2014가합7265

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 201, the Defendant’s Intervenor entered into a contract with the Defendant regarding “the construction of an officetel in Daegu Northern-gu C Office” on the following grounds: (a) November 26, 201, in order to newly construct an officetel on the land outside Daegu Northern-gu B and three parcels.

The Defendant subcontracted the civil engineering works among the above new construction works, to Estop Co., Ltd. (hereinafter referred to as “Estop”).

B. Esto re-subcontract the subcontracted construction cost of KRW 702,900,000 and the construction period from March 26, 2013 to September 25, 2013.

(hereinafter “instant contract”). C.

On September 10, 2013, the Defendant agreed to pay directly to the Plaintiff KRW 475,00,000 out of the contract amount of the instant contract amount of KRW 702,900,000.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3 evidence, Eul 1, and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) During the instant construction, the construction was suspended on or around May 6, 2013 due to the failure to pay the construction cost on or before the date. Accordingly, the Plaintiff, the Defendant, the Intervenor, the Intervenor, the Intervenor, and the Switzerland agreed to pay the construction cost for which the SH case did not have been paid on or after May 6, 2013. Accordingly, the Plaintiff agreed to waive the construction cost that was paid on or after the Defendant’s receipt of the construction cost from the Defendant. Accordingly, the Plaintiff was the Plaintiff’s receipt of the construction cost from the construction site upon the Defendant’s completion of the instant construction work. The Defendant requested the Plaintiff to complete the instant construction work after compensating the damages incurred due to the delay in the construction. Accordingly, the Defendant paid the Plaintiff the construction cost increased due to the delay in the construction. (ii) As such, the construction cost increased to KRW 56,556,240, ② increased to KRW 275,040, KRW 100, KRW 1080, KRW 400, KRW 10800.