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(영문) 수원지방법원 2017.02.23 2016가단12683
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 March 9, 2015, Defendant Bomi General Construction Co., Ltd. (hereinafter “Defendant Bomi General Construction”) awarded a subcontract for construction period as KRW 231,00,000 (including value-added tax; hereinafter the same shall apply) among the instant red construction works (hereinafter “instant red construction”) that was contracted by the Foundation for the Maintenance of Manwonwon-gu, the incorporated foundation (hereinafter “Defendant Maintenance Foundation”) for the construction period from March 9, 2015 to August 30, 2015, and the construction cost as KRW 231,00,000 (including value-added tax; hereinafter the same shall apply).

B. Defendant Joint Construction re-subcontracted the instant shipbuilding work to the Plaintiff. At the time, the Plaintiff agreed to complete the construction work at the time after deducting 2% from the said construction cost.

C. On November 25, 2015, the construction period of the said subcontract was changed from March 9, 2015 to December 31, 2015, and again, on February 2, 2016, the said construction period was changed to KRW 286,00,000, respectively.

The comprehensive construction of Defendant Boi paid all the changed subcontract consideration to Defendant Boi Construction.

On the other hand, the plaintiff recognized that he received KRW 260,000,000 from Defendant Joint Construction as the construction cost of the instant assistance project.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, 3 evidence, Eul evidence 1-1, 2, 3, Eul evidence 2, 3, Eul evidence 1, Eul evidence 1, Eul's testimony and the purport of the whole pleadings

2. The Plaintiff’s assertion and its determination were the cause of the instant claim, and the additional construction was carried out in relation to the instant shipbuilding, and accordingly, the amount of KRW 18,45,00 for food and gas supply and KRW 7,891,00 for oil supply, water supply, and rain. The Plaintiff asserts that the Defendants seek payment of KRW 26,336,00 for total construction cost.

First of all, the record is examined, and the plaintiff, the defendant, the defendant, and the defendant.

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