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(영문) 창원지방법원통영지원 2015.05.12 2013가단7454 (1)
공사대금
Text

1. The Plaintiff’s main claim and the Defendant-Counterclaim Plaintiff’s counterclaim are all dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is engaged in the business of leasing construction equipment under the trade name “B”, and Defendant Free Construction is a company established for general construction works, such as civil engineering works, and Defendant Kudong Construction is a subsidiary of Defendant Free Construction established for specialized construction works, such as reinforced concrete construction works.

B. On March 11, 2009, Gyeongnam-do, signed the instant development project on the island area (C district) development project (hereinafter “instant development project”) with the construction period fixed from March 17, 2009 to March 17, 201, on a condition that it subcontracted the instant development project to the Defendant’s Free Construction Project around March 2009, and the said contract and subcontract were extended by the construction period to June 17, 2012, around March 2012.

(hereinafter referred to as the “instant subcontract” and the said subcontract are referred to as the “instant subcontract”).

On June 23, 2009, the Defendant Free Construction Co., Ltd. entered into a contract to re-subcontract the whole land construction among the instant development projects during the construction period from March 17, 2009 to March 17, 201 (hereinafter “instant first sub-subcontract”); and on April 23, 2010, between the Plaintiff and the Plaintiff on April 23, 201, a contract to re-subcontract the two-year construction during the said construction period (hereinafter “the second sub-subcontract”) between March 17, 2010 to March 17, 2011 (hereinafter “the instant second sub-subcontract”); and between D and D, the Plaintiff entered into a contract to re-subcontract the instant construction period excluding the house water supply pipes from March 21, 2011 to March 19, 2012 (hereinafter “the instant sub-subcontract”); and the Plaintiff entered into a contract to re-subcontract the instant construction period (hereinafter “the instant sub-subcontract”).

Preparation of the third sub-subcontract of this case.

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