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(영문) 대전지방법원 2013.04.11 2012가합6176

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: (a) contracted “C New Construction Work” by Company B (hereinafter “B”); (b) submitted the Plaintiff on June 22, 2010, with respect to the construction work cost of KRW 3,157,00,00 (including additional tax; hereinafter the same shall apply) with respect to the joint construction work of KRW 3,157,00,00 (hereinafter “instant construction work”) among the aforementioned construction work, to the Defendant: (c) the construction period from June 3, 2010 to December 31, 201; (d) the Plaintiff submitted the evidence No. 2 as the actual contract of the instant construction contract; (e) the Defendant submitted the evidence No. 1 as the instant construction contract; (e) the Defendant did not raise an objection to the recognition of the evidence No. 2 as the instant construction contract from the preparatory document as of November 22, 2012.

B. On March 15, 2012, the Defendant notified the Plaintiff of the termination of the instant construction contract, and around that time, the instant construction contract was terminated by the Plaintiff’s discontinuance of the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 19, witness F's testimony, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the agreement, the Defendant asserted that the Plaintiff would pay KRW 178,200,00 to the Plaintiff at 15 times of advance payment (per December 201), and KRW 166,10,00 to the 16th advance payment (per January 1, 2012), respectively. However, the Defendant paid to the Plaintiff KRW 136,389,000 on the 15th advance payment with the 16th advance payment, and KRW 150,000 on the 16th advance payment with the 16th advance payment, respectively, with the remainder of KRW 57,91,00 [excluding this, KRW 178,20,000 - KRW 136,389,000 - KRW 166,389,000 on the 16th payment,00,000 on the 13th payment,010,000 on the 2010.

2) Determination A) Doctrine, Gap evidence 4, 5, and Gap evidence 20 (where any number is available, including branch numbers; hereinafter the same shall apply).