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(영문) 서울중앙지방법원 2019.10.24 2019가합513834
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 defendant is a company that received a contract from the Busan House Development and Improvement Project Association for the removal of obstacles from the Busan House Development and Improvement Project Association (hereinafter "the removal of this case"), and E Co., Ltd. (hereinafter "E") is as follows from the defendant.

As stated in paragraph (1), the removal of this case was subcontracted to the company, and the plaintiff is a company which has been sub-subcontracted for the dismantling and removal of asbestos from E.

B. On August 22, 2011, the Defendant entered into a contract for construction works and a modified contract between the Defendant and E (hereinafter “instant contract for construction works”) with the period from the commencement date of construction to the completion date of construction work (hereinafter “instant contract for construction works”).

(2) However, on June 29, 2017, the instant housing redevelopment project was executed in full due to the date of around 2017, and the Defendant entered into the instant contract for the construction project (hereinafter “instant first modification contract”) with E, setting the cost of the removal project as KRW 1,808,650,000, and the construction completion date from the commencement date of the construction to the inspection date of the construction completion.

3) On March 10, 2018, the Defendant entered into a contract to modify the instant construction contract, which was concluded with E as KRW 1,99,00,000 from the commencement date of construction to the completion date of construction work (hereinafter “instant final modification contract”).

(4) From September 9, 2011 to February 12, 2018, the Defendant paid E KRW 596,510,100,00 in total as the contract deposit and progress payment for the removal of the instant case, depending on the nature and height based on the instant construction contract and the instant first modification contract.

C. 1) The termination of the instant final amendment contract was not carried out by E after the instant final amendment contract, and the Defendant sent a letter demanding E to perform the removal work on April 2, 2018 and April 23, 2018, but E continues.

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