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Reasons
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(영문) 서울남부지방법원 2017.02.10 2016가단5362
추심금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells steel products, and the Defendant is a company that carries on housing construction and civil engineering construction work contract.

B. On September 17, 2012, the Defendant entered into a contract for a construction project with the Postal Construction Co., Ltd. (1) with the Defendant setting the construction cost of the Postal Construction Corporation (hereinafter “A Corporation”) at KRW 2,350,000,000, and the construction period from September 17, 2012 to June 30, 2015.

On April 9, 2015, the Defendant changed the construction cost to KRW 2,305,930,000, and the case changed to KRW 2,362,470,000 on June 24, 2015.

(2) On November 7, 2013, the Defendant entered into a contract for construction that sets the construction cost of the land during the construction project (hereinafter “B”) at KRW 1,627,50,000, and the construction period from November 7, 2013 to March 31, 2016, on a subcontract for the construction project.

On March 5, 2014, the Defendant and Mayoung changed the construction cost to KRW 1,644,500,000.

(3) On January 16, 2014, the Defendant entered into a contract for construction that sets the construction cost of the land of the Corporation (hereinafter “C”) at KRW 4,223,00,000 and the construction period from January 16, 2014 to August 31, 2016.

On July 2, 2014, the Defendant and Mayoung changed the construction cost to KRW 4,331,500,000.

(4) On September 23, 2014, the Defendant entered into a contract for a construction project that sets the construction price of the DNA Corporation (hereinafter “D”) from 3,042,00,000, and the construction period from 23, 2014 to 28, 2017.

On June 26, 2015, the Defendant and Mayoung changed the construction cost to KRW 3,127,300,000.

(5) On May 6, 2015, the Defendant concluded a construction contract for the subcontracted construction work (hereinafter “E”) from May 6, 201 to September 30, 2017 with the construction cost of KRW 1,788,300,00, and the construction period of KRW 6, 2015.

(6) Each of the instant construction contracts.

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