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(영문) 대전지방법원서산지원 2016.12.22 2016가합50411

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. 17 companies, including the Defendants, (hereinafter “Defendants, etc.”) established a committee for promotion of factory site construction (hereinafter “instant promotion committee”) by having the factory site jointly constructed in the entire land owned by each company of the I members of the I members of the I members of the Jinjin-si.

B. On April 20, 2012, the instant promotion committee held a meeting on April 20, 2012, agreed to select the Plaintiff as a construction company of the J District Factory Site Construction Work (hereinafter “instant construction”).

C. On April 25, 2012, K’s representative of the Defendants, etc. entered into the instant construction contract with the Plaintiff and the construction period from April 30, 2012 to October 30, 2012, and the contract amount of KRW 1.8 billion (in addition to value-added tax, the amount of KRW 170,000 after the increase of KRW 170,000).

The Defendants, etc. agreed to share the construction cost according to the ratio of factory site size of each company, and accordingly, K arranged the share amount of construction cost of KRW 1,369,949,513 (excluding value-added tax) that was not paid until November 22, 2012, and prepared a payment confirmation form (hereinafter “instant payment confirmation form”) and then notified the representative of each company thereof, and then delivered it to the Plaintiff.

E. The Plaintiff demanded the Defendants, etc. to offer a security for each of the allocated amounts indicated in the instant payment confirmation, and the Defendants, etc. had set up a collateral on their own factory sites or drawn up a promissory note notarial deed against each of the allocated amounts.

F. On February 20, 2014, the Plaintiff completed the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 2, 4, and 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is based on the Plaintiff’s share of KRW 81,227,275 among the construction cost of the instant case, and KRW 163,240,484 among the share of the construction cost of the Plaintiff.