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(영문) 서울중앙지방법원 2016.06.01 2015가합25971
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. On February 27, 2012, Defendant Dae Chang Chang Enterprise Co., Ltd. (hereinafter referred to as “Large Chang Enterprise”) and Defendant Bo Young Total Construction Co., Ltd. (hereinafter referred to as “YYD Construction”) contracted construction of the Yangju National Sports Center in Yangju-dong, Yangju-dong, Yangju-si, both of which were the joint contractors of the Yangju City Urban Development Project under the Yangju-si. On April 24, 2012, the Plaintiff subcontracted construction of the said construction (hereinafter referred to as “instant construction”). The contents of the instant subcontract (hereinafter referred to as “instant subcontract”) between the Plaintiff and the Defendants were modified to five times as indicated below.

Division (Revised) The Revised Contract (Revised) dated April 24, 2012: 413,00,000,000 on August 8, 2012, 199: (i) the second amended Contract on April 7, 2013, March 21, 2013; (ii) the Revised 200,000,000 on August 31, 2013; (iii) the Amended 759,50,000,000,000 on August 31, 2013; and (iv) the Revised 759,00,000,000 on August 4, 2013; (iv) the Revised 130,000,0000; (v) the Amended Contract on August 759, 200,000; (v) the Amended Contract on August 14, 2013;

The Defendants paid the construction cost to the Plaintiff in full, from May 4, 2012 to February 17, 2014, paid the construction cost of KRW 759,00,000 under the instant subcontract as follows:

(1) On May 4, 2012: 141,659,000 147,00 147,441,00 289,100,00 333,163,000 on August 31, 2012; 16,249,870 on June 25, 2013; 16.30.30,00 on June 25, 2013; 16.30,00 on June 30, 200, 200 on June 30, 200, 205; 16.30,00 on June 30, 200, 200 on September 27, 200, 200, 200 on July 27, 2005; 200, 2007; 36,319,36,2013

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