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(영문) 대구지방법원상주지원 2016.02.03 2015가단1320
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s supply of and demand for construction works, etc. 1) The Defendant was awarded a contract for a development project B (the first) from a resident city around 2014, and the instant construction of reinforced concrete among the said construction works (hereinafter “instant construction”).

(2) Around September 2014, the Plaintiff awarded the instant construction contract to the Nonparty Han Construction Co., Ltd. (hereinafter “Korea”) and the Hana Construction Co., Ltd subcontracted the instant construction contract to the Plaintiff.

The main contents of the contract concluded between the Plaintiff and Han Construction Co., Ltd. are as follows:

Contract amount: KRW 160 million in total and KRW 22,00 in total: 600 cubic meters in total: KRW 100 TON, KRW 28,00 in total: the contract period: from September 10 to November 15, 2014 (60 days from the date of arrival). However, the Plaintiff demanded the Defendant to conclude a subcontract on October 14, 2014, and the Plaintiff and the Defendant concluded the subcontract on September 14, 2014 (hereinafter referred to as the “instant contract for construction”), except where it is necessary to distinguish the above Plaintiff and the Defendant, and all of the contracts between the Plaintiff and the Defendant are “the instant contract for construction.”

(i) The main contents of the contract are as follows. The period of construction: the date of commencement - the date of completion - the date of November 15, 2014 - the contract amount on November 15, 2014: 160 million won (additional tax rate: 2/100 of the daily contract amount for delay penalty:

B. The Plaintiff started the instant construction from September 2014 to September 1, 2014, and the part of the mold and sacity (hereinafter “the part of the mold”).

(2) As of the date of the closing of argument in this case, the instant construction is completed as of the date of the closing of argument in this case to Nonparty C, and the steel part was sub-subcontracted to Nonparty D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, and 13, Eul's testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion is only the Defendant, except where it is particularly necessary to distinguish the Plaintiff from the Defendant or Handong Construction Co., Ltd.

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