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(영문) 대구지방법원의성지원 2015.08.19 2015가단825
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 Plaintiff and the Defendant entered into a joint supply and demand agreement with respect to the instant construction project. The Plaintiff and the Defendant constitute a joint supply and demand agreement with the Plaintiff 51% and the Defendant 49% of their shares, thereby constituting a joint supply and demand agreement with the Korea Airports Corporation to connect the subway lines in the Republic of Korea to the subway lines in the Kimpo Airport, and the International Fire Corporation for

(2) On March 24, 2014, the Plaintiff entered into a joint supply and demand contract with the Korea Airports Corporation (Korea Airports Corporation) under which the contract amount of construction work of this case was determined as KRW 933,071,82, and as of December 28, 2014 as of the completion date of the construction work. (2) In performing the instant construction work, the Plaintiff was in charge of the Plaintiff, but the Defendant agreed to pay the Plaintiff 80% of the construction cost that was paid by the Defendant to the Plaintiff in accordance with the Defendant’s share ratio of the joint supply and demand contract

(hereinafter “instant agreement”). (b)

(1) The Plaintiff completed the instant construction on or around December 28, 2014, and the Korea Airports Corporation paid KRW 106,501,310 to the Defendant for completion of construction in accordance with the Defendant’s joint supply and demand ratio of 49%. 2) The Plaintiff, on March 9, 2015, submitted to the Defendant documents related to the instant joint supply and demand for payment of KRW 93,720,00,00 (=85,201,048) plus value-added tax 10% of the completion amount paid by the Defendant to the Defendant on March 13, 2015, barring special circumstances, to the effect that the Defendant, who received the said joint supply and demand of the Plaintiff for the payment of KRW 106,50,01,310,00 for completion of construction.

C. Service of the provisional attachment decision of this case and deposit of the defendant 1) Dong Mine Fire Equipment Co., Ltd. (hereinafter “Dong Mine Fire Equipment”).

The Kimpo Airport, which is owned by the same mining fire-fighting equipment to the Plaintiff.

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