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(영문) 대전지방법원서산지원 2014.05.29 2013가합3179

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 May 201, the Defendant subcontracted the instant construction to F, G, and H (E is the representative director of F, Company G, and H, and is the actual operator of H) that was ordered from the Jin-si (C and D, hereinafter “instant construction”) from the Jin-si, and E transferred all of the instant construction to the Plaintiff.

Accordingly, on September 19, 201, the Plaintiff prepared a subcontract agreement between the Defendant and the period of construction KRW 182,949,00, and the period of construction from May 23, 201 to November 18, 2011. On October 31, 2011, the Plaintiff changed the construction amount of KRW 343,485,45, and the construction period from October 31, 201 to November 10, 201.

Since then, the Plaintiff and the Defendant settled the final construction cost in KRW 463,764,561 as the construction cost has increased due to design changes, etc.

B. The Plaintiff completed the instant construction on November 10, 2012, and the Defendant paid the construction price to the Plaintiff as follows.

The amount of non-dated money (Transfers/Receipt), No. 50,000 on September 6, 201, 201, F (E)/I. 50,000 on September 9, 201, F (E)/I. F (E)/I. 50,000 on November 17, 201, F (E)/I. 17, 200 on November 21, 201; F (E) 30,00,00 won on June 6, 201; 36 I. 1/65 on January 2, 201; 4; 6.30,00 won on January 6, 20, 205; 1/6.30,00 won on January 6, 20, 200 on August 20, 201; 1/107, 2014/7, 201.

2. The parties' assertion

A. On June 14, 2011, the Plaintiff’s primary assertion 1) I (the representative director of the Plaintiff) is the contracting authority from June 14, 201 to KRW 357,50,000, and the construction period between the E (Stock Company G) that received a subcontract for the instant construction from the Defendant and the E (Stock Company G).