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(영문) 부산지방법원 2017.06.28 2016가합43578
공사대금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

Plaintiff

B from December 2013 to early 2014, the designated parties (hereinafter referred to as “Plaintiff, etc.”) entered into a subcontract agreement with the Busan-gun, Busan-gun, and C-Ground D Construction (hereinafter referred to as “instant construction”) each of the instant construction works, a contractor, with respect to the construction works (hereinafter referred to as “the construction works”).

(hereinafter referred to as “E” (hereinafter) The Dongsan Development Industry Co., Ltd., a contractor of the instant construction, ceased to perform the construction due to default. On May 4, 2015, the Defendant acquired the instant construction by winning a bid for the public sale of land, etc. on the instant construction site and selected E (hereinafter referred to as “E”) as the contractor.

Plaintiff

B. On June 8, 2015 and June 25, 2015, each subcontract for the instant construction project was concluded with E, and each contract amount was re-determined under special conditions, including the amount increased due to the balance of construction costs not paid from the original subcontract amount due to increased construction cost, design change, etc., and then 60% of them is E and the remainder 40% is the Defendant’s receipt.

(hereinafter referred to as “each contract of this case.” The construction cost (excluding value-added tax) set forth in each contract of this case as the part to be borne by the defendant shall be as follows:

(2) The Plaintiff, etc., as well as the Plaintiff 1,80,000, 180, 180,000, 180,000,000 648,000,000 432,000,000 metal, windows, 150,000, 450,000 450,000,000 450,000 270,000,000 180,000,000 180,000,000 180,000, 180,000 180,0034, 20,000, 2036, 00, 004, 630,000, 636,000, 630,005, 18,000, 18,000

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