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(영문) 대전지방법원천안지원 2013.05.03 2012가합3121
공사대금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The facts below the basis facts may be found, either in dispute between the parties or in full view of the statements in Gap evidence 1-1 to 10, evidence 14, evidence 17-1 to 19-2 (including each number), witness Gap's witness's witness's testimony and whole arguments.

The Plaintiff: (a) the Plaintiff: (b) the Plaintiff, on June 28, 201, paid KRW 154,715,400 from the Osong Gyeongsung (Seoul) Co., Ltd. on June 28, 2010; (c) KRW 74,512,000 on December 10 of the same year; (d) KRW 405,975,000 on December 31 of the same year; and (c) KRW 44,848,00 on March 24, 201; and (d) the same year.

7. 4. 4. 74,489,00 won and 88,508,000 won paid on December 15, 199, the above stock company is considered to be a person who carried out the construction work together with the Plaintiff in the same position as the Plaintiff, and there is no dispute between the parties in relation to this part, so this part of the contract is to be determined under the premise that only the Plaintiff is in the status of the subordinate recipient.

In addition, on May 6, 2010, Defendant Volcanc Construction Co., Ltd. (hereinafter referred to as “Defendant Volcanc Construction”), Master Construction Co., Ltd. (hereinafter referred to as “Defendant Sculin Construction”), and Defendant Sculin Construction Co., Ltd. (hereinafter referred to as “Defendant Sculin Construction”), entered into a subcontract for construction works with the 2,69,70,000 (including value-added tax, and 674,700,000,000 won (hereinafter referred to as “instant contract for landscaping facilities installation”) in the Act on the Maintenance and Improvement of Ecological Rivers in the Geum River in the Geum River Zone B, Geum River, and the said contract for landscaping facilities installation was concluded with the Defendants during the construction period from May 6, 2010 to December 20, 2010, and the said contract was concluded between the Defendants and the said construction works (hereinafter referred to as “instant project”).

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