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Reasons
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(영문) 부산지방법원 2013.12.18 2013가합14173
공사대금
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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 Defendant was awarded a contract by Nonparty Busan Metropolitan City for the construction of a water pressure pipe in the Green Products, and the Plaintiff was awarded a subcontract for A-LINE 1 construction work (hereinafter “instant construction work”), a part of the said construction work, by the Defendant. The Plaintiff, the Defendant, and Nonparty Busan Busan Metropolitan City, the ordering person, agreed to pay directly to the Plaintiff, the subcontractor, who is the subcontractor (hereinafter “instant direct payment agreement”).

B. The original and the Defendant drafted a standard subcontract agreement for construction works (Evidence 1) and a subcontract modification agreement (Evidence 4, 5) with the content that the Plaintiff will perform only the remaining types of construction work, which is the same as the part of the attached Table among the instant construction works. The above contract and agreement were KRW 7,102,00,000,000 on February 22, 201, which is the date of the initial contract, and the construction cost of the instant construction work was KRW 5,205,00,000 on March 29, 201, respectively.

C. Meanwhile, the Plaintiff and the Defendant also drafted a subcontract agreement (Evidence B No. 3) and a subcontract agreement (Evidence B No. 4) with the content that the Plaintiff will perform the entire instant construction project. The said contract and agreement were KRW 6,435,00,000 on February 22, 2011, the date when the first contract was made, and the construction cost was changed to KRW 7,570,200,000 according to the modified agreement on June 28, 2012.

The Plaintiff independently performed the instant construction and completed it around July 2013.

E. The Plaintiff received the payment of KRW 7,907,817,469 in total, excluding KRW 372,482,531 as the construction price of the instant construction project from Busan Metropolitan City.

[Ground of recognition] Unsatisfy, A(1) through (3)

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