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(영문) 수원지방법원여주지원 2016.09.28 2015가합10447
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 23, 2012, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) for the construction work amounting to KRW 6.44 billion (a separate value-added tax and the construction work amount shall be paid once a month), and each contract was entered into between May 23, 2012 and May 31, 2013 by setting the construction period as the construction period from May 23, 2012 to May 31, 2013.

B. Since then C discontinued construction work on the ground of the Plaintiff’s failure to pay the cost of construction.

C. The Plaintiff, C, and E Co., Ltd. (hereinafter “E”) received from the Plaintiff the payment of KRW 1.07 billion agreed upon at the time of the instant construction project from the Plaintiff (hereinafter “instant construction project agreement”). The Plaintiff and C, and E Co., Ltd. (hereinafter “E”), agreed to reduce the instant construction project, and agreed to accept the instant construction project execution right from C, and written a written agreement on February 13, 2014 (hereinafter “written agreement on February 13, 2014”).

Written agreement between the persons concerned and the persons concerned.

I. On-site summary

1. Project owner: A;

5. Project operator: C;

7. Grounds for the termination of construction works: Unpaid construction expenses of the owner (the plaintiff and the same shall apply hereinafter).

8. Methods of the division of construction: The conclusion of an agreement between the owner, contractor, and subcontractor by type of construction.

Ⅱ Terms and Conditions of the construction project;

1. Amount agreed upon by the Corporation: one billion won;

2. On the premise of the agreement on the amount of the contract for the construction project, 1) subcontractor (a sub-contractor) (a sub-contractor) shall undertake in consultation with each subcontractor in consultation with each subcontractor (E) the unpaid and subsequent payment method, subcontract agreement, etc., and each subcontractor shall provide the subcontractor with a written consent to the construction contract of us and to verify that there is no other objection. (2) When consultation on the amount of the contract is reached, the costs not determined, such as the unpaid portion of the subcontractor, food collection rent, design supervision cost, etc., shall be separate from the contractor and the acquisition company of the construction right (E).

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