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(영문) 대전지방법원 천안지원 2018.10.24 2018가단100904
공사대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who executes construction works for the development of groundwater with the trade name B (for business registration, February 18, 2010), and the Defendant is a stock company with the purpose of soil construction, water supply, and sewerage equipment construction business.

B. Around 2009, the Plaintiff entered into a contract with the Defendant for the construction work of the groundwater development and the construction work on behalf of the Plaintiff, on the grounds that the Plaintiff is not entitled to the construction work, concluding a contract with the Defendant for the construction work under the name of the Defendant, and concluding a contract with the managing authority on behalf of the Plaintiff,

(hereinafter referred to as the “instant contract”).

The Plaintiff paid a certain amount of price to the Defendant for the procedural performance under the instant contract.

On the other hand, the plaintiff and each contractor of the construction contracts for the development and utilization of groundwater signed under the name of the defendant were partly awarded the contractor's contributions and partly subsidized by the State or a local government.

Pursuant to the instant contract, the Plaintiff performed the construction work of the development of groundwater as shown in the “List of the Government Administration Project and Construction Works” in the attached Form.

The amount of money to be borne by each of the construction costs in each of the relevant columns was paid to the Defendant by each contractor, but with respect to each of the subsidies, the total of KRW 16,000,000 of the subsidies was paid from the Incheon City around September 2009 to the Defendant’s account when each contractor requests the subsidy.

[Ground of Recognition] In the absence of dispute, Gap 1 and 3 evidence 1, 2, Gap 2, 4, 5 and 7 evidence, Gap 1-3 evidence , and the fact inquiry about the innate market of this court, the result of this court's response to the order to submit financial transaction information to the National Agricultural Cooperative of Bocheon-gu, 1 and 3 respectively.

2. Determination as to the principal lawsuit

A. (i) According to the above facts of recognition, the defendant shall start from the time when it was decided on the cause of the claim to the plaintiff.

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