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(영문) 부산지방법원 2016.05.19 2015가합3313
공사대금
Text

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

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

Reasons

1. Basic facts

A. On October 12, 2012, the Defendant was awarded a contract for the construction work of constructing a freezing warehouse on the land (hereinafter “instant original construction work”) other than Chungcheongnam-gun, Chungcheongnam-gun, and one parcel of land (hereinafter “instant original construction work”) with the construction cost of KRW 9.130 million.

B. On January 30, 2013, the Plaintiff entered into a subcontract with the Defendant for the PC Corporation (hereinafter “instant construction”) among the instant original construction works (hereinafter “instant subcontract”) at KRW 1.177 million for the construction cost.

under section 20.

On September 2013, the instant construction was completed.

The plaintiff as of February 8, 2013

6.5. The Defendant received the total of KRW 6775.4 million from the Defendant, each of the total of KRW 235.4 billion.

C. As to the instant construction project on September 13, 2013, the Plaintiff and the Defendant were unable to continue to perform the Plaintiff’s construction due to the Plaintiff’s circumstances as to the instant construction project under the revised contract for construction works, and in settling the remaining construction works after September 13, 2013, the Plaintiff and the Defendant did not raise any civil and criminal objections after the Plaintiff’s completion of construction works.

1. Matters to be settled;

(a) the supply value of 1,070,000 614,000,000 - 456,000,000 value-added tax of 107,000,000 -1,400,000 -1,175,600-45,600,000 - 6177,0000,000 -675,400,000 -5,400,000 -501,60,000 -501,600,000

3) Each entry of Gap evidence No. 1, Gap evidence No. 1-1, Gap evidence No. 2-1, Eul evidence No. 3-2, Eul evidence No. 1, Eul evidence No. 4, Eul evidence No. 10-3, witness C's testimony, and the purport of the whole pleadings.

2. The defendant decided on the defense before the merits of this case agreed that "the plaintiff shall not raise any civil or criminal objection after the conclusion of the contract of this case." This constitutes a non-committee agreement and thus, the lawsuit of this case filed against it is unlawful.

I am, as seen in the facts of the foundation.

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