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(영문) 수원지방법원 2016.01.12 2015가단122675

공사대금

Text

1. The Defendant’s KRW 37,248,759 and KRW 9,226,204 among the Plaintiff and KRW 28,02,55 among the Plaintiff.

Reasons

1. Basic facts

A. On April 8, 2013, Gyeongnam Enterprise Co., Ltd. (hereinafter “Gyeongnam Enterprise”) entered into a subcontract with the Defendant for the construction amount of KRW 324,50,000 as to earth and sand and incidental civil engineering works (B) among the new construction works for B and 1 B, and for the construction period of construction period from April 8, 2013 to January 31, 2014, and entered into a subcontract for the new construction works for B and 1 B (BTL).

B. (1) On May 8, 2013, Gyeongnam Company entered into a subcontract with the Plaintiff and the Defendant with the amount of 415,690,00 construction cost for earth and other auxiliary civil works (C; hereinafter “C”) among new construction works for B and B (BL), from April 8, 2013 to January 31, 2014; Defendant 4.3% of the equity ratio; and Plaintiff 55.7% of the construction cost on January 31, 2014; and the said contract changed from April 8, 2013 to May 31, 2014; and changed from May 31, 2014 to May 31, 2014;

(2) On May 8, 2013, Gyeongnam Company entered into a subcontract with the Plaintiff and the Defendant for the construction amount of KRW 594,00,000 for earth and sand and ancillary civil engineering works (B; hereinafter “B”) among the new construction works for B and 1 B (hereinafter “B”), from April 8, 2013 to January 31, 2014; Defendant 54.63% of the respective shares; and Plaintiff 45.37% of the construction amount on October 31, 2013; and the said subcontract changed from April 8, 2013 to January 31, 2014 (Defendant 20,000,000 won for construction period of KRW 594,00,000 for 00,000 for 30% of the construction amount, from April 8, 2013 to January 31, 2014; and Plaintiff 1305% of the construction amount of the construction amount of Plaintiff 136.

(hereinafter referred to as the “instant construction” by combining C and B, and each of the said subcontracts collectively referred to as the “instant contract”).

The defendant is the defendant in the construction site of this case from October 1, 2013 to the Kimnam-si on November 7, 2013.