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(영문) 인천지방법원부천지원 2015.05.22 2014가합5615
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a company aimed at civil engineering and construction work, etc., and Defendant Wood-gun Land Development Consulting Co., Ltd. (hereinafter “Defendant Wood-gun Development Consulting Co., Ltd.”) was delegated by E to the construction, land, and incidental facilities related to the instant real estate, etc. on or around April 2012 from the owners of Gyeonggi-si C and D (hereinafter “instant real estate”).

B. On August 25, 2013, Defendant A and Defendant B entered into a construction contract with the Plaintiff for each of the instant construction works (hereinafter “instant new construction works”) with respect to the construction works for which “F detached housing” is newly constructed on the instant real estate surface with Defendant B, the construction cost of KRW 420,000,000 and the construction period from September 5, 2013 to April 15, 2014. Defendant B appears to have entered into a construction contract for the instant new construction works on October 7, 2013, with the construction cost of KRW 540,00,000,000 and the construction cost of the instant construction works from October 7, 2013 to March 30, 2014, “the scheduled date of completion” of the standard subcontract for the private construction works (Evidence 1) in the form of a clerical error as of March 30, 2014.

The subcontract agreement of construction (hereinafter referred to as the “instant subcontract”) was entered into by setting a deadline.

C. On October 7, 2013, the Plaintiff completed civil engineering works on the instant real estate (hereinafter “instant civil engineering works”) and completed the said civil engineering works on November 8, 2013.

[Ground of recognition] The fact that there has been no dispute, Gap's evidence 1 through 6, Eul's evidence 1 through 4, and Eul's evidence 6 (including a Serial number; hereinafter the same shall apply), witness G, H, and I's testimony and whole purport of the pleading

2. In addition to the new construction of this case, the Plaintiff asserted that the Defendants entered into a separate contract with the Defendants for the civil construction of this case. The Defendants sought payment of the money stated in the purport of the claim as the construction cost of the civil construction of this case.

For this reason,

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