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(영문) 대구지방법원 2014.05.02 2013가합3679

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around August 2010, integrated construction company (formerly referred to as "comprehensive construction company in gender country"; hereinafter referred to as "comprehensive construction company") entered into a contract for construction works with the Defendant and the Defendant for construction works for construction works for construction works for construction works for construction works for construction works for construction works for construction works for construction works for construction works for 10,735,582,00 won in total (hereinafter referred to as "construction works of this case") inserted in the 3 lots outside the Dolsan-si, Silsan-si, Silsan-si (hereinafter referred to as "Glsan-si Construction Works"). < Amended by Act No. 11448, Sep. 27, 2012>

B. The instant construction work was completed, and the remainder of the construction cost to be paid by the Defendant to the comprehensive construction of the astronomical Date (hereinafter “instant construction cost”) is KRW 380,514,775.

C. Meanwhile, on October 18, 2010, E.S. A. (hereinafter “E.A. Construction”) entered into a subcontract agreement between E.S. (hereinafter “instant subcontract agreement”) and E.I.D. with respect to the instant construction and ancillary construction among the instant construction works, the contract amount of KRW 2,010,800,000, and the construction period of KRW 18 October 2010 (hereinafter “instant subcontract agreement”). The payment for the completion was paid pursuant to the contractor’s share ratio (41.4% of the total construction in Japan, 46% of the chemical construction, and 12.6% of the Taecheon General Construction. The said agreement changed six times to the contract amount of KRW 1,854,05,00,000 on October 31, 2012, and changed to the construction period from October 18, 2010.

E. E. E.S. construction completed according to the instant subcontract was fully paid the subcontract price agreed to be paid from the E.S. industry and Taecheon General Construction among the instant contractors, but was not paid KRW 78,101,100 among the subcontract price for comprehensive construction of YY.

E. E. E. E. E. Construction is approximately twelve workers’ number, KRW 2.1 billion capital, and KRW 3.7 billion in sales (as of 2011).