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(영문) 광주지방법원 2015.09.17 2014가합7201

공사준공금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 16, 2012, the Plaintiffs constituted a joint supply and demand organization on April 16, 2012, and thereby “A” between the Defendant and the Defendant (hereinafter “instant construction”).

(2) The Plaintiffs concluded a contract with the Defendant for construction period from January 23, 2014 to June 21, 2014. The total contract amount of the instant construction work is KRW 9,732,80,000, and the contract amount of the third-minute construction work among the instant construction work is KRW 4,179,40,000 (hereinafter “the third-minute construction work”). The construction period was modified on June 20, 2014 to KRW 10,161,70,00,000, and the contract amount of the third-minute construction work among the instant construction work was modified to KRW 30,00 (hereinafter “the third-minute construction work”). The construction period was modified to KRW 30,00,00,000,000.

[The plaintiffs' share ratio for each type of work related to the third unit of construction of this case shall be as to civil engineering works, after-sales construction corporation (hereinafter "after-sales construction").

) 70 per cent AD Construction Co., Ltd. (hereinafter referred to as “YLD Construction”)

(b)in respect of 30 per cent and in respect of the construction and landscaping works, the plaintiff 10 per cent respectively.

Plaintiff

Around July 25, 2013, Plaintiff 1 and Nonparty 2 entered into a subcontract agreement between Plaintiff 1 and Nonparty 2, a temporary closure corporation (hereinafter “temporary closure”) for landscaping works during the instant construction period from July 25, 2013 to April 7, 2014, the subcontract price was set as KRW 1,568,050,00, and the subcontract price was set as KRW 1,568,050,00, and the subcontract price was set as is March 17, 2014. The subcontract period was changed from July 25, 2013 to June 21, 2014.

C. On April 14, 2014, after the conclusion of the said subcontract, the direct payment agreement for the subcontract price was concluded, the subcontract price corresponding to the part of the temporary closure executed by the Defendant to the temporary closure.