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(영문) 서울중앙지방법원 2019.12.12 2017가합39677
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. Status 1) The Plaintiff is a stock company B (hereinafter “B”).

(b)A joint contractors (Plaintiffs 80%, B 20%) shall be organized between the Defendant and C Construction Works within the jurisdiction of the State as described in paragraph (b) below (hereinafter referred to as the “instant Construction Works”).

(2) On May 22, 2003, B transferred the instant construction to D Co., Ltd. (hereinafter “D”) the responsibility and obligations for the instant construction by dividing the company into May 22, 2003, which was the contractor who executed the instant construction project upon entering into a construction contract with the Ministry of Land, Infrastructure and Transport, and the Defendant was the contractor who ordered the instant construction project through the Ministry of Land, Infrastructure and Transport (hereinafter “D”). D was the final default on payment due to the suspension of current account transaction around March 14

3) Accordingly, on April 3, 2006, the Plaintiff requested a change in the share ratio to the Defendant through the Public Procurement Service. Upon the Defendant’s approval, the Plaintiff acquired the share of D’s instant construction project, and the Plaintiff’s share ratio became 100%. (B) On November 22, 2002, the Plaintiff entered into the instant construction contract with the Defendant as to the contract amount of KRW 500,000,000, and the construction period from November 28, 2002 to December 31, 2002, and the total cost of KRW 64,702,000,000, and KRW 1,800 (from November 28, 2002 to November 1, 207) after the commencement of the total construction period (hereinafter “the instant construction contract”).

2) The instant construction contract is a long-term continuing construction contract and its modification contract has been entered into in sequential order. The main contents of the contract are as follows. The total contract amount on the date of completion of the total contract amount by the number of vehicles and the contract amount by the number of vehicles and the date of the separate contract (the first first one on November 28, 2002 from November 28, 2002 to December 31, 31, 2002,000,000 on November 64, 2007 to December 64, 702,000,000 on November 25, 2002, 200 changed on December 25, 2002.

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