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(영문) 서울중앙지방법원 2015.06.17 2013가합563523

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. The Defendant, May 18, 2009, entered into the instant construction participation agreement (hereinafter “Uulra Construction”)

From the point of view, the contract amount of 15,563,90,000 won (value-added tax shall be included; hereinafter the same shall apply) for soil works and drainage works among B works contracted and supplied by the Korea Highway Corporation on December 2, 2008.

() From May 18, 2009 to December 31, 2013, the period of construction was determined and supplied sewage (the contract amount was increased to KRW 21,569,460,000 when adding a structure construction work on April 22, 2011).

hereinafter referred to as the “instant subcontract” is a contract entered into as such.

(2) On or around April 2010, the Plaintiff determined the contract amount of KRW 4,510,000,000 as between the Defendant and the construction period, and the construction period from March 29, 2010 to December 31, 2013, and that the Defendant received as the construction participant, and the construction of bridge structures among each of the construction works described in paragraph (1) as the instant construction works (hereinafter “instant construction works”).

2) The agreement on the participation in construction (hereinafter referred to as the “instant agreement on participation in construction”)

(2) The Plaintiff is responsible for the installation of equipment and labor costs and food costs, and thoroughly manages that the Plaintiff shall not cause any civil petition or compromise with the Defendant in accordance with the terms and conditions of Ulsan Construction within 15 days following the end of the following month. (4) The amount of the material and equipment directly invested by the Defendant shall be proved by the Defendant in accordance with the actual transaction principle and be deducted from the Plaintiff’s nature. (2) The construction work of this case was suspended on September 2012 while the Plaintiff was performing the construction work of this case. (3) The Plaintiff is responsible for the installation of equipment and labor costs and food costs, etc. (4) The Plaintiff shall request the Defendant to pay the payment for completed portion, and the amount of the material and equipment directly invested by the Defendant shall be proved by the Defendant in accordance with the actual transaction principle and shall be deducted from the Plaintiff’s nature. (2) The construction work of this case was suspended on September 2012 while the Plaintiff was performing the construction work of this case.

2 On November 29, 2012, Ulsan Construction rescinded the instant subcontract against the Defendant, and on March 2013.