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(영문) 서울중앙지방법원 2016.09.07 2016가단5027545
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 October 30, 2013, the Plaintiff, the representative of a joint supply and demand company formed with Tae Young-M Co., Ltd., was treated as sewage by determining the construction cost of KRW 7,069,70,000 from the Defendant as the cost of construction for the cover-to-land project (hereinafter “instant construction project”) among the cover-to-land construction works at the Carbon and Water Recycling Center (hereinafter “instant construction project”).

B. The Plaintiff agreed to perform the part of the instant construction work in KRW 3,147,100,000, and Tae Young FM decided to perform the part of the manufacture and supply in KRW 3,922,60,000.

C. The tender statement of the instant construction project (Evidence No. 3) includes the unit price and amount necessary for the PCL assembly 1,350 construction (hereinafter “instant public type”) among the PCM concrete construction works against L=350, and the unit price and amount of the PCM 1,350 construction (hereinafter “instant public type”). Of the structure in the connection part of the multi-presidential columns, the unit price and amount of the PCM 9,487 construction (hereinafter “instant public type”).

While the Plaintiff completed construction of C25, L=350 among the structural sections of the structural part of the retic connection department of the instant construction, the Chinyl Kacheon and injection construction for L=350 until August 1, 2014, the construction cost of KRW 137,50,000 was not paid as the Defendant’s assertion of reduction.

E. Standard subcontract agreement of the instant construction

7.2

According to Paragraph 1, the defendant shall pay the plaintiff the progress payment within 15 days from the date of receipt of the object.

F. Meanwhile, Article 16 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) stipulates as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, Eul evidence 2, the purport of whole pleadings

2. The assertion and judgment

A. (1) According to the Plaintiff’s assertion (A) The Plaintiff’s assertion of the construction specifications of this case, only material and labor costs are reflected in the first instance price for the instant public species. (2) The instant public species do not reflect material and labor costs.

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