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(영문) 대구지방법원김천지원 2015.10.15 2015가단2764
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 November 27, 2012, the Plaintiff entered into a subcontract with the Defendant on February 27, 2014 (hereinafter collectively referred to as “instant construction”). The period of completion was 1,356,300,000 won including value-added tax (the contract amount was changed to KRW 1,453,100,000), and the contract amount of the water supply and drainage and reinforced concrete construction was changed to KRW 1,008,70,700,000 including value-added tax (the subsequent contract amount was changed to KRW 1,28,70,700,700 (the subsequent contract amount was changed to KRW 1,283,700,700,700,000), and the contract amount of the water supply and drainage and reinforced concrete construction was changed to KRW 1,00,00,000 including value-added tax.

B. By November 14, 2014, the Defendant submitted to the Plaintiff a written waiver of construction work, stating that “The Defendant shall inevitably waive the construction work on November 14, 2014, on the ground that it is difficult to accept the financial portion of the input cost and expenditure due to the on-site conditions, due to the on-site circumstances,” to the effect that “The Defendant shall inevitably waive the construction work on November 14, 2014.”

C. Accordingly, on November 21, 2014, the Plaintiff sent the following reply to the Defendant.

2. On November 14, 2014, the Defendant submitted a written waiver of construction to the instant construction project, as follows:

- - below - (units: 1,453,100,100,000 1,287,770,000,000 165,330,000 water supply and drainage works and reinforced concrete works, 1,283,70,000 1,283,700,259,280,000 24,420,000 22,736,80,000,002,547,050,000 189,750,000

3. In addition, with respect to two field employees and dump trucks (15 tons) due to the Defendant’s waiver of construction, the Plaintiff is informed of the Plaintiff’s responsibility for the employee’s benefits and input expenses from November 15, 2014 to the completion of the construction site at the request of the Defendant on November 14, 2014.

[Grounds for recognition] Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion unilaterally waives the instant construction work.

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