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(영문) 수원지방법원안산지원 2015.07.16 2014가합6395
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. On October 2012, the Defendant entered into a contract for the construction of a new church building of the fiveth floor above the ground in Sil interest with AWS General Construction Co., Ltd. (hereinafter “SP”) (hereinafter “SP”).

B. On October 5, 2012, the Plaintiff continued construction by entering into a subcontract with Nonparty Company for the construction cost of KRW 335,500,000 for the structural part of the said construction work (hereinafter “instant construction work”). On January 2013, the Plaintiff received KRW 160,000 from Nonparty Company for construction cost of KRW 10,000 from Nonparty Company.

C. Around February 2013, the Plaintiff suspended the instant construction due to Nonparty Company’s default. Around that time, the Plaintiff continued the construction upon receiving KRW 42 million from the Defendant’s request to continue the construction, and continued the construction on the ground that the payment of construction price was unpaid on or around May 2013.

On June 12, 2013, the Defendant drafted a written confirmation (hereinafter “instant written confirmation”) stating that “The unpaid construction cost for the Plaintiff incurred by the due date shall be KRW 239,108,969 (including value-added tax), and shall be paid to the Plaintiff.”

E. On May 9, 2014, June 1, 2014, and October 14, 2014, the Defendant notified the Plaintiff that the Plaintiff would remove the Plaintiff’s temporary materials at the construction site.

[Ground for recognition] A and evidence Nos. 2 (A) (the defendant, at the date of the first pleading of the case on April 16, 2015, the plaintiff's representative director D and caused the defendant to have stamped the defendant to have affixed official seals, so the above confirmation commissioner's above confirmation board's cancellation of agreement based on the above confirmation board is a defense, but there is no evidence to prove the above facts, and the defendant's defense is without merit), Gap evidence No. 3, Eul evidence No. 3, Eul evidence Nos. 3, 7, and 8, and the purport of the whole pleadings.

2. The plaintiff's assertion was not paid the construction cost according to the letter of confirmation of this case by the defendant, and the defendant will resume the construction with the loan.

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