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(영문) 수원지방법원성남지원 2016.10.12 2016가단212301
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the purpose of creative construction works, steel materials construction business, metal structure manufacturing business, steel structure construction business, etc., and the Defendant is a stock company with the purpose of metal structure construction business.

B. On April 30, 2015, the Defendant entered into a subcontract with the Plaintiff on the condition that the Plaintiff completed the said construction work by setting the cost of free construction, etc. as KRW 539,00,000 among New Construction Works A, which was ordered by Bosco Engineering Co., Ltd., and the Plaintiff completed the said construction work.

C. On April 30, 2015, the Defendant entered into a subcontract with B Co., Ltd. (hereinafter “Nonindicted Company”) under which the Nonparty Company completed the said new construction work by setting the work cost of the AL Chang-ho and the Tragll Construction Work as KRW 981,200,000, among the said new construction work. However, the said construction was included in the AL General Fishing System.

The Defendant entered into a modified subcontract between the non-party company and the non-party company to extend the construction period on the grounds of material supply, increase in quantity, extension of the construction period, etc., and to reduce the construction price. However, the AL general fish construction was changed to the SL construction in the said modified subcontract.

On February 25, 2016, the defendant drafted a settlement agreement between the non-party company and the non-party company on the payment of KRW 80,000,000.

On December 31, 2015, the Plaintiff received an order from C, a field manager of Nonparty Company, to complete the instant construction work (hereinafter “instant construction work”), and signed a written confirmation of the work that C completed the instant construction work.

E. On March 2, 2016, the Plaintiff issued an electronic tax invoice of KRW 51,700,000, which falls under the instant construction cost, to the Defendant. On March 25, 2016, the Plaintiff requested the Defendant to pay the instant construction cost. On March 29, 2016, the Defendant notified the Plaintiff that the Defendant did not ordered the instant construction to the Plaintiff.

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