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(영문) 대구지방법원 2014.12.30 2013가단52797
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff and the defendant's assertion

A. On March 2013, the Plaintiff agreed to pay the Plaintiff the cost of construction, such as material cost and personnel cost, which the Defendant was awarded a contract to the Plaintiff by the 10th day of the following month. In addition, the Plaintiff agreed to pay the Plaintiff’s salary by the 5 million won per month by the 10th day of the following month, and agreed to provide materials and human resources at each of the above construction sites, and notified the Defendant of the increased construction cost by approximately KRW 28,00,00,000 as the cost of construction is much much more than the design drawings. In addition, on May 2013, 2013, the Defendant was awarded a contract to the Plaintiff by the 10th day of the field manager, and the amount was paid by the 196th day of the above construction work, 205, 396, 209, 209, 209, 2096, 209, 2096, 2096, 2095, 2096.

B. For this, the Defendant concluded a subcontract with the Plaintiff and paid to the Defendant KRW 125,92,100,00, which is KRW 148,226,00,00, which is 85% of the Defendant’s contract amount, KRW 132,810,331, which is 125,92,10,00, which is 148,226,000, which is the Defendant’s contract amount, and the said construction was also executed a subcontract with KRW 259,612,950, which is 85% of the Defendant’s contract amount. The Defendant paid KRW 201,80,809,06, which is more than 117,750,000, which is the Defendant’s contract amount, to the Defendant or the subcontractor. Thus, the Defendant’s payment remains.

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