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(영문) 대구지방법원경주지원 2015.07.07 2014가단4982
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Judgment as to the main claim

A. On April 1, 2014, the Plaintiff received a contract from the Defendant for the construction period of three buildings among the construction works of the YP C, the construction works of the axis and the entrance gate, the access road, the parking lot construction, the boundary stone construction, and the site horizontal construction works, which are the foundation of the foundation (hereinafter “instant construction”) from April 16, 2014 to the end of July 2014, with the construction period fixed as KRW 329,920,000 of the construction amount, and the construction cost was paid by the Defendant upon issuance of the tax invoice by cash, and all of the said construction works was completed.

B) Upon the Defendant’s request, the Plaintiff mobilized the Plaintiff’s figures separately from the instant construction work, and disbursed the additional construction cost of KRW 3,469,00 in the construction site D and E, and paid KRW 3,469,00 for additional construction cost. D) Accordingly, the Defendant did not directly contract the instant construction work to the Plaintiff and paid KRW 15,30,00 to the Plaintiff the construction cost of KRW 329,920,00 for the instant construction work. Accordingly, the Defendant did not have any obligation to directly pay the Plaintiff the construction cost of KRW 305,487,238 for the remainder of the construction cost, excluding KRW 305,487,48, and additional construction cost of KRW 3,43,469,00 for the remainder of the construction cost of KRW 3,469,00 for additional construction cost of KRW 15,30,000 for unpaid construction cost of KRW 15,20,000 for the instant construction site.

B. Determination A.

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