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(영문) 서울중앙지방법원 2018.10.25 2017가단5189815
도급공사대금 등
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, from the Defendant, received orders for the entire relocation installation works of the Defendant Council’s Assembly’s Assembly’s Council’s Council’s Council’s Council’s affairs, relocation installation works, and relocation installation works of the Council’s welfare committee’s office from the Defendant under a negotiated contract. In order to meet the requirements for a negotiated contract, the estimated contract amount is less than 50 million won, and around January 201, the Plaintiff divided the estimated contract amount into the Plaintiff’s name, the affairs and relocation installation works of the Council’s office in the name of the Plaintiff, and the relocation installation works of the welfare committee’s office in the name of C (trade name: D) and the name of E (trade name:F). The Plaintiff completed the entire construction (hereinafter “instant construction”).

B. On January 13, 201, the Defendant paid to the Plaintiff totaling KRW 148,35,000 as the amount of KRW 49,59,00, and the amount of KRW 49,753,00 as the amount of administrative affairs and relocation installation works on January 27, 201, and KRW 48,983,00 as the amount for relocation installation works of the welfare construction committee room on February 10, 201, as requested by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1 to Eul evidence 10, whether all pleadings are

2. The plaintiff's assertion

가. 원고는 2010. 10월경 피고와 사이에 이 사건 공사에 관하여 공사대금 212,300,000원으로 정하여 공사도급계약을 체결한 후 이를 완성하였고, 그 공사과정에서 샷시 열창제작 등 추가공사를 진행하여 그 추가공사대금으로 36,810,541원이 소요되었다.

B. The Plaintiff was awarded a contract for the entire construction of this case, but the Defendant received a contract for less than 50 million won under the name of the said three companies, and completed the construction, and thereafter claimed KRW 49,59,000 as the payment for the relocation installation works of the members' office, KRW 49,753,00 as the payment for the office work and the relocation installation works of the welfare construction committee room, and KRW 48,983,00 as the payment for the relocation installation works of the welfare construction committee room, and received KRW 148,35,00 from the Defendant.

(c) however, rest;

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