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(영문) 수원지방법원 2014.05.15 2012가합8881
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 31, 2007, Hyundai Steel Co., Ltd. (hereinafter “Korea Industrial Development”) awarded a contract for construction cost of KRW 13.81 billion from Hyundai Steel Co., Ltd. to KRW 1,100,000 (value added tax). On December 31, 2007, it awarded a contract for manufacturing installation works among the above construction works to the Special Industrial Technology Co., Ltd. (hereinafter “Special Industrial Technology Co., Ltd.”), and agreed to reduce the construction cost of KRW 6.03 billion from the construction cost of the said construction works, and the Korea Industrial Development and Special Industrial Technology Co., Ltd. agreed to reduce the construction cost of KRW 3.94 billion from December 31, 2008 to the value-added tax (excluding value-added tax) (excluding value-added tax).

Around January 22, 2009, special industrial technology re-subcontracted the construction cost of the said subcontracted construction (hereinafter “instant construction”) to the Plaintiff at KRW 2.4 billion (excluding value-added tax).

The Plaintiff continued the instant construction work from January 29, 2009 to May 5, 2009.

On November 2, 2012, the Korea Development Bank was ordered to commence rehabilitation proceedings as Seoul Central District Court 2012 Gohap206 on November 2, 2012. The Plaintiff reported the construction cost of KRW 1,248,211,29 as rehabilitation claims under the above rehabilitation proceedings, but the administrator of Korea Development Bank denied the Plaintiff’s above claim.

[Ground of recognition] Facts without dispute, Gap evidence 15, Gap evidence 15, Eul evidence 1 and 2, the purport of the whole pleadings

2. Claim for subcontract consideration based on an agreement to guarantee the payment of the contract price for the development of the Korea-Japan industry;

A. The Plaintiff’s argument for the development of the Laa industry guaranteed the Plaintiff’s obligation to pay the construction cost to the Plaintiff in the special industrial technology through the Director of the Field, and the development of the Laa industry is KRW 1,248,211,29 [the Plaintiff KRW 682,057,79 [the total construction cost payable to the Plaintiff (the total construction cost of KRW 1,258,409,931 - the total construction cost paid to the instant construction cost of KRW 576,352,132]; KRW 264,000,000 for the penalty (10% of the construction cost agreed upon); and KRW 302,153,50 for damages due to the rescission of the contract for the special industrial technology]; and

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