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(영문) 대전지방법원천안지원 2014.01.13 2013가단566
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. A. Around November 2010, the Plaintiff entered into a contract with the Defendant to accept the installation of the integrated distribution line of sections 2, Section 2, and apartment complexes that the Defendant contracted by Hyundai Construction Co., Ltd. from Hyundai Construction Co., Ltd., with KRW 900,000,000, and began the said construction from January 201.

B. However, on September 201, the Plaintiff suspended the above construction without finishing it, and the Defendant completed the remaining construction by entrusting it to another.

2. The Plaintiff asserted that the Plaintiff is obligated to pay the remainder of the construction cost of KRW 73,70,000,000, including KRW 67700,000,000,000 for raw materials and KRW 30,000,000,000 for the payment of the construction cost, although the Plaintiff was paid KRW 185,589,964 from the Defendant until the discontinuance of the construction work until the discontinuance of the construction work, the Plaintiff asserts that the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 73,70,00,00,00,000,000,000,000,000

The Plaintiff’s assertion, compared to what was scheduled at the time of the initial contract, did not have been able to report losses to the Plaintiff, and the Plaintiff did not have been able to undertake the construction work. Even if the Defendant’s assertion that at the time of the said subcontract agreement, the Defendant agreed to compensate for the increased cost of raw materials, there is no evidence to acknowledge the existence of the above agreement, and the said assertion is difficult

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.

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