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(영문) 인천지방법원 2016.06.10 2012가합6970
공사대금
Text

1. Defendant EFK Co., Ltd.: (a) KRW 307,419,00 for the Plaintiff and its related amount from January 1, 2012 to May 7, 2012.

Reasons

1. Basic facts

A. At around 2010, Nonparty Co., Ltd. (hereinafter “instant building”) implemented the construction project of the main complex building under the name of Nonparty Co., Ltd. (hereinafter “instant building”) with the 80th above ground and the 5th above ground level on the land of Busan Shipping Daegu Do-1407, Busan, and the 1407 Do-1407.

On the same day, the above company selected Defendant 20 Construction Co., Ltd. (hereinafter “Defendant 20 Construction”) as the contractor and entered into a contract for construction works of the building in this case with Defendant 20 Construction.

B. On January 31, 2010, Defendant 200 entered into a contract for construction with Defendant EFC Co., Ltd. (hereinafter “Defendant EFC”) to subcontract the part of the construction of the instant building with respect to the construction of the instant building. Defendant EFC entered into a contract between the Plaintiff and the Plaintiff on October 7, 2010 to re-subcontract the part of the construction cost of the painting construction of the first or fifth floor of the underground floor (including additional tax) and the construction cost of the said painting construction by setting the respective construction cost as between January 31, 2012 and January 31, 2012 (hereinafter “instant floor construction contract”).

C. Around December 2011, the Plaintiff completed the floor painting construction on the floor of the first and fifth floors underground among the instant buildings.

In executing the above floor painting construction, the Plaintiff manufactured by Defendant C-C321 Co., Ltd. (hereinafter “Defendant C-C-321”) and procured from the company, used fire-fighting paints, which is of the nature of inorganic inorganic in the name of the model (hereinafter “instant fire-fighting paint”) as materials for the floor painting construction.

On the other hand, the defendant AMMF Corporation's architectural firm (hereinafter "the defendant AMF") performed supervisory duties on the floor construction of this case.

E. However, around August 201, the second floor among the instant buildings is underground.

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