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(영문) 서울동부지방법원 2018.03.30 2016가단145120
공사대금
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 July 2, 2012, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with C to determine the contract amount of KRW 1,277,659,90 (including value-added tax) and the period from July 2, 2012 to April 6, 2013 as the contract amount and the extension of the construction period, etc., among the facility works for the ECOM/F leisure relocation project located in Dacheon-si (hereinafter “instant construction project”). Since then, the Defendant entered into a modified contract as described in the details of the amendment to the attached contract.

B. On January 29, 2013, the Plaintiff entered into a construction contract with the Defendant to re-subcontract the construction period for the instant construction work from August 10, 2012 to the completion of construction, setting at 95% of the contract amount of the Defendant (direct construction cost) as 95% of the contract amount (hereinafter “instant construction contract”).

The written contract states "(i.e., installment construction contract" as "amount of installment construction," and it appears that the installment construction or installment construction contract does not directly provide for the entrusted construction but entrusts another person with the construction work at a certain ratio of the original contract amount (i.e., re-subcontract).

C. The Plaintiff is deemed to have started construction before July 2012, 201, before entering into the instant construction contract, while carrying out construction by inserting the human body at the construction site of this case pursuant to the instant construction contract.

2.12. The timing of the suspension of construction is not clear.

The defendant asserts that the plaintiff discontinued construction work around October 2014.

In the absence of the completion of the construction work, the involvement in the construction was suspended.

On the other hand, during the above construction period, most of the wage and material cost of the person invested by the Plaintiff at the construction site of this case were paid directly by the Defendant.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's statements, 1, 2, 3, 17, 18, and 19, witness G's testimony, the purport of the whole pleadings

2. Assertion and determination

A. The gist of the assertion 1 is that the Plaintiff completed all the construction works stipulated in the instant construction contract, and added as well.

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