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(영문) 부산지방법원 2016.10.26 2015가합42370
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. 1) Hyundai MCo Co., Ltd. (hereinafter “NMco”).

(3) On May 23, 2011, Defendant DD Construction Co., Ltd. (hereinafter “Defendant DD Construction”)

2) On August 29, 2011, Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”) ordered construction and civil engineering works to Hyundai Steel Co., Ltd., the lower part of the 3rd construction works in the 3rd construction works in the 1st century, and the lower part of the 3rd construction works in the 3rd construction works in the 1st century, and Defendant Hyundai Construction Co., Ltd (hereinafter “Defendant Hyundai Construction”) concluded a subcontract for the construction works in the upper part of the above construction works.

B. The conclusion of a subcontract and the Plaintiff’s construction 1) Defendant DD Construction on August 26, 201, included in the Plaintiff’s “Coke 3 construction works (Coke 1)” (hereinafter “instant construction works”).

(2) On August 26, 2011, the starting date under the instant construction contract was determined and awarded a contract amount of KRW 10.67 billion [the supply price of KRW 9.7 billion (the upper construction price of KRW 6.232 billion (the upper construction price of KRW 6.32 billion, the lower construction price of KRW 3.468 billion), value-added tax of KRW 9770 million], and August 30, 2012]. Meanwhile, prior to the conclusion of the instant construction contract, the Plaintiff agreed with Defendant D Construction to first put the Plaintiff’s number, materials, and equipment into the construction project and executed the instant construction project from May 20, 201.

C. The Plaintiff’s discontinuance of construction work and the agreement between the Plaintiff and the Defendants was 1) that Defendant DD Construction could not pay the construction cost due to the aggravation of financial liquidity, the Plaintiff discontinued the instant construction work, and the Plaintiff and the Defendants agreed on the instant construction work as follows. 2) An agreement between the Plaintiff, Hyundai MMco, and Defendant DD Construction was reached.

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