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(영문) 청주지방법원 2017.10.19 2016가단105831

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) On February 7, 2015, the Plaintiff entered into a subcontract agreement with the actual manager C of B, the Defendant’s representative, and with respect to piping Corporation among D D D Corporation (Facility Equipment) ordered by the Plaintiff, on an oral basis (hereinafter “instant contract for construction”).

(2) On February 10, 2015, the Plaintiff entered into a subcontract construction contract (hereinafter “instant construction contract”) with the following content in order to specify the contents of the oral contract.

The Defendant did not reply. The name of the Corporation: The contract amount of pipeline construction work among D Corporation (Facility equipment equipment): 570,000,000 won (value-added tax separate): From February 10, 2015 to November 18, 2015: By November 10, 2015, 300,000 won per month shall be paid within the contract amount. Within 7 days after the date of completion, the Defendant shall pay in cash the subcontracted pipeline construction work under a contract with the Plaintiff. 2) On February 13, 2013, the Defendant agreed that C shall work as the entire site agent for the Plaintiff by the time of completion of the construction work, and the construction work shall be paid from the contract amount to the full site agent for the Plaintiff. 3 million won per month.

3) The Plaintiff paid the price for the tax invoice issued by the Defendant to B, and paid the price for the tax invoice issued by the subcontractor (materials Supplier) to the Plaintiff. 4) On August 17, 2015, the Plaintiff agreed to increase the construction price for the instant construction contract to KRW 675,00,000.

5) The Defendant continued construction and completed construction by November 18, 2015, and C was treated as a field agent on November 22, 2015. 6) As a result of the settlement of construction cost after completion of construction, the Plaintiff was 784,710.