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(영문) 서울중앙지방법원 2016.05.12 2014가합574261
양수금
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 contract for construction works between the defendant, central construction and the Korea Land and Housing Corporation is entered into 1) Namyang Construction Co., Ltd. (hereinafter referred to as "Namyang Construction").

On December 4, 2008, the Korea Land and Housing Corporation works Section 2 of the Kimyang-6BL Apartment Construction Works from the Korea Land and Housing Corporation (hereinafter referred to as the “original contract construction”).

Around May 2010, the construction mutual aid association, which is a performance bond agency of Namyang Construction, did not complete the construction due to a contract. On June 15, 2010, the Defendant and the Central Construction Co., Ltd. (hereinafter referred to as the “Central Construction”).

B) In accordance with the above Guarantee Execution Contract, the Defendant and the central construction concluded a guarantee construction consignment agreement with the Korea Land and Housing Corporation to select a joint contractor organized by the Defendant and the central construction as a guarantee performance company and to continue the original construction work. (2) The Defendant and the central construction concluded a construction contract with the Korea Land and Housing Corporation for the construction work as the construction cost of the original construction work and as the end of September 6, 201 on the date of completion (hereinafter “instant original contract”).

B. 1) The Defendant and the central construction, which entered into a subcontract with the Sung-Gongju Co., Ltd. (hereinafter referred to as the “Seo-Gongju Co., Ltd.”), will enter into a subcontract with the Sung-Gongju Co., Ltd. (hereinafter referred to as the “Seo-Gongju”)

B) As between July 2, 2010, with respect to fire-fighting facility works, among the main contract works, the subcontract agreement was concluded between the construction cost of KRW 1,527,30,000 (including value-added tax) and the construction period of KRW 1,527,30,000 (including value-added tax) with respect to the fire-fighting facility works, and the subcontract agreement was concluded between July 2, 2010 and September 6, 201 with respect to the construction cost of the machinery facility works among the main contract works (including value-added tax) and the construction cost of KRW 2,956,00,000 (including value-added tax) with respect to the construction cost of the machinery facility works from July 15, 2010 to September 6, 2011 (hereinafter referred to as “each of the instant subcontract”).

(2) Meanwhile, each of the instant subcontracts increases or decreases in the construction cost of KRW 101,00,000 in accordance with the agreement by air extension and by item on May 3, 2011 (the amount above).

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