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(영문) 춘천지방법원원주지원 2016.06.16 2015가합5589

공사대금

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

(1) On December 24, 2013, the Plaintiff entered into a subcontract between the Defendant and the Defendant, and the Plaintiff, from among the new construction works of Chigh School Construction Works in Gangwon-gun B, Gangwon-do (hereinafter “First Civil Construction Works”).

(2) On February 10, 2014, the Plaintiff and the Defendant entered into a subcontract for the first civil works of which the construction cost was KRW 110,000,000, and the date of the commencement of the construction period was determined as 120 days, and the Plaintiff received the supply of human resources for reinforced concrete building among the new construction works of Chigh School from the Defendant during the construction period of KRW 940,00,000, and the construction period was determined as 940,000 from December 9, 2013 to December 31, 2014.

3) On April 21, 2014, the Plaintiff entered into a subcontract for ancillary civil works that the Plaintiff contracted between the Defendant and the Defendant for the supply of and demand for the ancillary civil works among the ancillary works among the new construction works of Chigh Schools, by fixing the construction cost of the ancillary works from April 21, 2014 to November 15, 2014. The Plaintiff was found from the new construction site of Chigh School around January 2014, and the Plaintiff additionally implemented the cancer excavation work and completed the construction work around March 10, 2014. The Plaintiff entered into the contract for the waiver of the construction works on July 14, 2014 (Evidence 4-1, Evidence 2, and hereinafter “instant waiver of the construction works”). The agreement between the Plaintiff and the Defendant on the waiver of the construction works between the Plaintiff and the Defendant.

(1) The defendant prepared and submitted the report and received the remaining construction amount and other payments as stated in the letter of waiver of the construction of this case from the defendant.

The contents related to the instant case among the written waiver of construction works in this case are as follows.

A letter of waiver of construction

1. Name of the Corporation: (tentative) New construction works of Chigh schools;

2. Name of subcontracted works: reinforced concrete and civil engineering works;

4. Period of construction: Amount of contract from December 2, 2013 to December 5, 2014: KRW 940,000,000.

6. Amount of settlement: 1,243,000,000 won.

7. The remaining cost of construction work: the construction work is being executed under a contract with the Jeju Construction Corporation (referred to the defendant).