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(영문) 수원지방법원안산지원 2017.10.19 2016가합1509
공사대금(준공정산금) 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company aimed at civil engineering work business, etc., and its trade name was changed to D on August 24, 2016.

(hereinafter referred to as “B”) is a company whose purpose is reinforced concrete construction business, etc.

The plaintiff is the representative director B.

B. On May 2014, the Defendant entered into a contract with the Gyeonggi-do Gyeyang-gun Environmental Business Office (hereinafter “Environmental Business Office”) under which the Defendant would perform the instant construction work (hereinafter “instant construction work”) at KRW 4,936,308,80 of the construction cost.

C. On June 9, 2014, the Defendant concluded a subcontract between B and B on the execution of the instant construction works with B at KRW 2,418,130,00,00 for the construction cost, and on June 9, 2014, the Defendant concluded a subcontract to perform the instant construction works for water supply and sewerage systems at KRW 763,070,00 for the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, Eul evidence Nos. 6 and 22 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. On May 2014, the Defendant concluded a subcontract with the Plaintiff or B as a package subcontract for the instant construction work, by classifying the instant construction work into the name of the Plaintiff or B, and the name of the Plaintiff, respectively.

The Defendant agreed with the Plaintiff or B to have the amount equivalent to 82% of the remainder after deducting the premium from the price paid for the instant construction work from the Environmental Business Office as a lump sum subcontract price.

B. The Plaintiff and the Defendant on May 2014 or

6. The Plaintiff asserts to the effect that the part of the instant construction works that the Defendant decided to directly operate (hereinafter “instant construction works”) is KRW 660,519,580, the construction cost as of May 2014 is KRW 660,509,580, but the following is examined.

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