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(영문) 서울중앙지방법원 2015.09.11 2014가단206585

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that around April 8, 2014, the Plaintiff entered into a construction participation agreement with the Defendant and the Defendant on construction of steel reinforced concrete assembly works (hereinafter “instant construction works”) from April 1, 2014 to October 31, 2014; the contract amount of KRW 827,196,000 (per ton 280,000) for the construction period; and completed the steel reinforced assembly works in a quantity of 2901 tons until the end of July 2014; thus, the Defendant is obligated to pay the Plaintiff the remainder of the construction expenses, excluding wages paid directly by the Defendant, out of the construction expenses under the instant construction participation agreement.

2. In light of the following circumstances acknowledged by the Plaintiff and the Defendant, even though the fact that the Plaintiff entered into the construction participation contract as asserted by the Plaintiff, it is acknowledged that the Plaintiff entered into the construction participation contract with the Plaintiff, and the Plaintiff’s statement corresponding thereto was used as site expenses, etc. with the Plaintiff’s card obtained from A, and the Plaintiff was unable to submit the actual execution status of the construction, wages paid, management expenses, etc., and so forth, the Plaintiff and the Plaintiff directly entered into the construction participation contract with the Defendant, based on the following circumstances: < Amended by Presidential Decree No. 20720, Oct. 2, 2014; Presidential Decree No. 20135, Feb. 2, 2014; Presidential Decree No. 2020, Feb. 1, 2014; Presidential Decree No. 20130, Feb. 1, 2014; Presidential Decree No. 20100, Feb. 1, 2010>