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(영문) 부산지방법원 2017.02.15 2016가합43493
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. 1) The Plaintiff and the Defendant entered into a contract between the Plaintiff and the Defendant, etc.) on February 27, 2013, among the “Dongyang Factory Construction Work” contracted by the Defendant from the Dongyang Factory Co., Ltd. (hereinafter “instant First Construction Work”).

) A contract under which the Plaintiff shall subcontract the construction amount of KRW 955,900,000 (including value-added tax), the construction period from February 27, 2013 to May 31, 2013 (20 to June 30, 2013) to the Plaintiff (hereinafter “instant first contract”).

(2) On April 24, 2013, the Plaintiff and the Defendant concluded a contract with the Plaintiff to subcontract civil engineering works and reinforced concrete construction works (hereinafter “instant secondary construction works”) out of the “Amyang Factory Construction Works” that the Defendant contracted from the Dongyang Factory Co., Ltd. to the Plaintiff on April 24, 2013, with the construction cost of KRW 506,00,000 (including value-added tax) and the construction period of April 24, 2013 to September 30, 2013 (hereinafter “instant secondary contract”).

3) On May 20, 2013, the Plaintiff and the Defendant agreed to increase the construction amount of the instant second contract to KRW 836,00,000 (including value-added tax) on the grounds of an increase or decrease in construction volume. 4) The Defendant issued to the Plaintiff a written subcontract payment guarantee issued by the Construction Mutual Aid Association with respect to the instant first and second contracts (hereinafter “each of the instant contracts”).

On May 16, 2013, 2013, 2013, 2013007070618, 2013, 2013, 306,90,000, 200 on February 27, 2013, 2013, 2013, 836,00,000,000,000 for the Agsan Factory Construction on the date of the contract under the name of the contract for the name of the contract (unit: source) contract (unit): Civil engineering and reinforced concrete construction among the 836,00,00,000,000,80,803,920 on April 24, 2013.

B. The Plaintiff’s performance of construction work and the Defendant’s payment of construction cost to the Plaintiff) Plaintiff 1 and 2 of the instant construction work (hereinafter “each of the instant construction work”).

The defendant completed all of the construction works of this case, and the total price of the construction works of this case shall be the plaintiff.

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