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(영문) 인천지방법원 2015.01.09 2013나19830
공사대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. Although the name of a person being used by dividing a factory with the Defendant on the ground, such as Kimpo-si, Kimpo-si, and D, is unclear as to whether the name of the person being used by dividing a factory with the Defendant is D or F, the Plaintiff shall be indicated as D in accordance with the evidence No. 8.

Since it was difficult to complete construction on August 30, 2012 after being awarded a contract for the installation of drainage pipes and septic tanks in a factory (hereinafter “instant factory”) and completed construction on August 30, 2012, and 60% of the total construction cost was borne by the Defendant, the construction cost to be paid by the Defendant was KRW 14,232,575.

The plaintiff presented to the husband E of the representative director of the defendant company, a bill of quantity (No. 1) stating the above construction cost, and received confirmation from E.

Nevertheless, since the defendant did not pay the above construction cost to the plaintiff, the defendant is obligated to pay the above 14,232,575 won and delay damages to the plaintiff.

B. The Defendant did not conclude a contract with the Plaintiff for the construction of drainage pipes and septic tanks of the instant plant, and there was only the fact that the Defendant concluded a new construction contract with the Defendant around October 4, 201 with the Plaintiff on the ground that it did not conclude a contract for the construction of the instant plant.

The plaintiff continued construction by subcontracting the drainage pipe and septic tank construction from the development of the spring site, and the plaintiff confirmed the construction cost claimed to E, and the plaintiff changed the construction cost, and E signed a bill of quantity (Evidence A A) presented by the plaintiff. The plaintiff entered into a contract with the defendant for the drainage pipe and septic tank construction of the factory of this case with the defendant, and the plaintiff entered into the contract with the defendant for the above construction work.

Even if the plaintiff had been wrong in the course of landscaping works, the reduction price in the vicinity of the factory of this case has collapsed, which caused damage to some facilities of the factory of this case.

Accordingly, the defendant is against the Eastjin Industry Co., Ltd. (hereinafter referred to as the "Dongjin Industry").

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