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(영문) 청주지방법원 2015.11.26 2014가단6671
공사대금 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. On May 13, 2013, the Plaintiff drafted an agreement for participation in efficiency work with the main contents of the following, among the construction works for the creation of B urban development projects, which was executed by the Defendant under contract, in order to participate in the construction of part of steel reinforced concrete works:

On-site name: The details of partial work of steel reinforced concrete from among the urban development project in the design drawings and specifications: ① all the expenses necessary for the work (including all of the wage, equipment, materials, and other expenses (or 100 per cent for materials owned by the person himself/herself). ② The work period: in accordance with the work period: the cost of the original building (3) the cost of the work that is based on the nature of the original building: the cost of the work that is based on the participation of KRW 186,000: the cost of the work that is based on the nature of the original building: 5 there is no advance payment due to the input of all the personnel, equipment, materials, and equipment necessary

B. From September 2, 2013, the Plaintiff: (a) installed a container at the construction site; (b) performed construction works by inserting human resources; and (c) suspended construction works around September 27, 2013.

[Reasons for Recognition] Facts without dispute, Eul's entry in the evidence 1-1 to 4, the purport of the whole pleadings

2. Determination on the part of the settlement amount

A. The gist of the Plaintiff’s assertion 1) On March 2013, 2013, the Plaintiff started the instant construction from September 2013, 2013, and started the construction from the Defendant Company C to the Defendant Company’s “On the grounds that there is little profit for the instant construction works,” and thus, the Plaintiff could not properly reduce the subcontract price. On the other hand, the Plaintiff would then subcontract part of the instant construction works performed by the Defendant Company in Pyeongtaek-si and Pak-si, thereby compensating the Plaintiff for losses, and the Plaintiff was participating in the instant construction. (2) From September 2013, 2013, the Plaintiff started the construction of the instant case, including food expenses, to be incurred by the Defendant Company on a monthly basis. Unlike the initial promise, the Defendant Company was unable to pay the actual cost, and it did not make a subcontract at Pyeongtaek-si.

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