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(영문) 인천지방법원 2016.10.28 2014나680
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On July 21, 2010, Defendant Ghyeong-gu Fisheries Cooperatives (hereinafter “Defendant cooperative”) contracted construction work for the construction work of the building on the ground B (hereinafter “instant building”) of Incheon strengthened-gun G (hereinafter “instant construction work”) on the construction of Dowon Corporation (Gu Dowon Construction Co., Ltd.; hereinafter “Gu Dowon Construction”).

B. As the instant construction work as the prime contract, Defendant Dowon Construction and Co., Ltd. (hereinafter “C”) entered into a subcontract agreement (hereinafter “each of the instant subcontract agreements”) with each of the following terms: (a) Defendant Dowon Construction and Co., Ltd. (hereinafter “C”); (b) KRW 202,238,500 of the construction cost on August 20, 201; (c) KRW 485,058,000 of the construction cost on August 25, 2010; and (d) KRW 141,595,800 of the construction cost on January 10, 201.

C. At the time of the preparation of the above subcontractor subcontract agreement and the metal structure and construction subcontract agreement, C also submitted the Plaintiff’s on-site agent report and the Plaintiff’s employment certificate, construction engineer’s career certificate, and construction career certificate to the construction of Defendant Dowon.

On May 30, 2011, the Defendants entered into a contract for modification of the contract with the content that the construction cost of the original contract shall be increased to KRW 2,826,530,00 (=the original construction cost of KRW 2,743,616,00) upon the modification of the design that took place during the instant construction project.

E. The instant construction was completed on May 31, 201, and the Defendants obtained approval for the use of the instant building from the competent authority on July 1, 2011.

[Ground of recognition] The fact that there has been no dispute, Gap evidence 3, Eul evidence 1 through 7, 13, 29, 30, 31, 33

2. Determination as to the cause of action

A. 1) The Plaintiff, a construction business entity, is the Plaintiff’s assertion of the parties.

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