공사대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 29, 2010, the Plaintiff entered into a work instruction contract with the Defendant, a subcontractor, to participate in the package work of the said construction (hereinafter “instant construction contract”) under the following conditions (hereinafter “instant construction contract”), and participated in the instant construction work.
o Amount instructed: The value of supply of KRW 75 million: the period of work from April 26, 2010 to December 2, 2010 - The payment of the price under theo contract shall be made within 30 days from the date of receipt of the construction cost from the original contractor after the work is completed.
- be immediately treated in accordance with the attachment of the account statement by customer;
(materials, equipment, etc.) - Personnel expenses shall, in principle, be directly treated for each individual by proving the requested documents (statement of labor cost, seal, seal, and identification card).
- The work participant (the plaintiff refers to the plaintiff) shall submit to the work leader (the defendant) the amount and the account number of the request for direct payment to the Customer when making a request for the origin, by arranging the amount and the account number, and there is no advance.
In case of unavoidable advance payment, it shall be dealt with after consultation with Gap.
- With respect to the execution of all the works, they shall be executed by the contracted volume at the ordering point, shall be increased or decreased in accordance with the terms and conditions of the contract at the time of the modification and shall not raise an objection to the other parts.
(including safety management expenses and environmental management expenses, for which settlement is required) - No dispute exists (applicable to recognition), entry of evidence No. 1, and the purport of the whole pleadings
2. Judgment on the main defense of this case
A. As to the instant lawsuit seeking payment on the ground that the Plaintiff was not paid KRW 31,647,00,000 among the instant construction cost, the Defendant asserted that the said lawsuit was unlawful against the Non-committee agreement dated May 13, 201.
B. According to the statement in Eul evidence Nos. 2, the plaintiff and the defendant are excluded from the extended site creation work and packing work among the construction work of facilities No. 13, May 13, 201.