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(영문) 광주지방법원 2016.05.13 2012가합12810
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. On September 15, 2011, Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) concluded a construction contract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to newly construct a factory of the Nonindicted Co., Ltd. (hereinafter “instant factory”) with the following content. The Plaintiff is the representative director of the Nonparty Co., Ltd. and the Defendant is the representative director of the Nonparty Co., Ltd.

1. Construction name: New construction of D factories;

2. The construction site: The E in order for the E in order to complete the construction project;

3. Commencement day of the year: September 20, 201.

4. Date scheduled for completion: December 20, 201.

5. Sales amount: 648,186,000 won including value-added tax; and

6. Contract deposit: 20 million won.

7. Part-time payments: Payment of KRW 100 million and within one month after the commencement thereof;

8. A completed amount: Not more than 13. Other matters at the time of granting a government-funded subsidy: (2) In principle, the cost of increase or decrease incurred at the request of a person related to the construction work (the contractor, designer, supervisor, and supervisor) while the construction work is in progress shall be the partial contract.

B. On December 26, 2011, the non-party company entered into an additional construction contract with the non-party union and the factory of this case, the contract amount of which is KRW 152,878,000 (including value-added tax).

C. On April 17, 2012, the Plaintiff entered into an agreement with the Defendant and the non-party company on September 15, 201 to settle the unpaid construction cost as KRW 330 million in the construction contract and the additional construction contract (hereinafter “instant construction contract, etc.”) on December 26, 2011 (hereinafter “instant settlement agreement”).

[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 6 evidence, Eul 1, 3, and 8 evidence, the purport of the whole pleadings

2. The plaintiff asserts that the defendant is liable to pay to the plaintiff the remainder after deducting the amount of KRW 138 million paid by the defendant, out of the unpaid construction cost under the instant settlement agreement, KRW 330 million.

Then, even according to the Plaintiff’s assertion, the instant construction contract, etc. was concluded between the non-party company and the non-party partnership.

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