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(영문) 서울중앙지방법원 2016.05.12 2015가단5117571

공사대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 3, 2007, the Plaintiff is a corporation established by the law of Vietnam for business purposes in the area of Vietnam, and the Plaintiff is a corporation established by the new law of Vietnam for the area of Vietnam, which is a corporation established by the new law of Vietnam for business purposes in the area of Vietnam.

피고는 토목건축공사업 등을 목적으로 대한민국 법률에 의하여 설립된 법인이다.

B. On September 21, 2010, the Defendant agreed to construct the JW MARIOT HOOOI hotel building (hereinafter “instant hotel building”) at the Vietnamn Hamn Hamn Hamb, and subcontracted the construction of electricity, fire warning, and traffic protection facilities during the said construction to the Bath Mh Im Im Rode Co., Ltd. (hereinafter “instant hotel building”). On September 21, 2010, the Defendant agreed to perform the construction of the instant hotel building at the Vietnamn Ham Hanb, etc.

C. On November 12, 2010, the Plaintiff entered into a sub-subcontract to some of the above subcontracted works (hereinafter “instant sub-subcontract”) with butts ttsna (hereinafter “instant sub-subcontract”). The main contents of the contract (Evidence A 1-1) are as follows.

1. The project owner: The name of the project owner for the secondinh Mh Im-Ex Report Co., Ltd. and the name of the modern construction main contract: JWW MARRIOT HOT HEPPPY / VEETNAM (BP03 Elebb Subc contractor);

2. The name of the subcontracted project (the name of the re-subcontracted project in this case): JW MARIOT HOT HE PRJEC/VIENM

3. The construction site: HoNOI VETNM;

4. Construction period: Commencement on September 21, 2010, and completion on June 30, 2012;

5. Contract amount: Vietnam 31,400,000,000 won (31,400,000).

6. Payment of a price - Advance payment: The payment shall be made in proportion to the contents and ratio thereof within 15 days from the date of receipt by the ordering person - The payment shall be made in proportion thereto within 15 days from the date of receipt by the ordering person - The payment shall be made in proportion to the method received by the ordering person - The payment shall be made in proportion to the contents and ratio thereof within 30 days from the date of receipt by the ordering person.