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(영문) 대구지방법원 2012.11.23 2011가합14040
공사대금
Text

1. The plaintiff's claim against the defendant M& Co., Ltd. is dismissed.

2. Defendant Co., Ltd.

Reasons

1. Basic facts

A. On November 7, 2006, C&C Co., Ltd. (hereinafter “C&C”) was awarded a contract with Defendant M&M for the construction of an apartment building for the 1-1 day-to-day B&C (hereinafter “the construction of the instant apartment”).

B. On October 20, 2008, the Plaintiff received a subcontract from the C&C bank with the contract amount of 2,081,738,375 won (the original part shall be paid in cash within 60 days from the date of receipt of the object) and the construction period from October 20, 208 to July 31, 2009.

(hereinafter referred to as “instant subcontract”). (c)

On August 17, 2009, the Plaintiff entered into a subcontract modification contract (hereinafter “instant subcontract modification contract”) that changes the construction amount from October 20, 2008 to October 31, 2009 as KRW 2,415,420,00, increased the construction amount of KRW 333,681,625; and the construction period from October 20, 2008 to October 31, 2009.

The Plaintiff completed the instant construction work on October 2009, and C&C paid only KRW 2,081,738,375 of the contract amount of the instant subcontract, and did not pay KRW 33,681,625 of the increased contract amount.

E. On the other hand, Defendant Dog Bank Co., Ltd. (hereinafter “Defendant Dog Bank”) succeeded to the obligations related to the construction of the instant apartment built by CWn Bank when acquiring CWn Bank.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 11, Eul evidence No. 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against the main defendant (Defendant M)

A. The Plaintiff’s assertion is that the Plaintiff sought subcontract consideration for the part executed by the Plaintiff, the subcontractor, according to the instant subcontract around 2009, which is the Defendant S&M, the contractor, and the subcontractor.

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