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(영문) 서울중앙지방법원 2014.02.12 2013가합19712
물품대금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On March 2, 2012, E Co., Ltd. (hereinafter “E”), a construction company, such as machinery and fire-fighting equipment (hereinafter “E”), was awarded a contract for installation works (hereinafter “GGGGGGGGGG construction”) among the construction works, located in Seodaemun-gu Seoul Special Metropolitan Government, for the construction cost of KRW 1,600,500,000 (including value-added tax) and from March 2, 2012 to June 30, 2013. On June 27, 2012, the construction period of the HGGG construction works (hereinafter “GGGG construction works”) was set at KRW 517,500,500,000 (including value-added tax) from the GGGG construction companies (hereinafter “GGG construction works”) to the construction period of KRW 30,010,000,000 (hereinafter “construction works”).

(hereinafter referred to as the “each of the instant works”) when referring to the said G Educational Work and the I Educational Work. (b)

E, while carrying out each of the instant construction projects, became difficult to operate the Company due to difficulties in raising funds, etc., and it was no longer possible to proceed with each of the instant construction projects. On December 17, 2012, the E agreed to reduce the G Educational Work to KRW 126,50,000 with the amount of other accounts for the G Educational Work, and agreed to reduce the I Educational Work to KRW 11,000,000 with the G Educational Development on December 23, 2012.

(hereinafter referred to as “each other settlement agreement of this case” in total).

On December 17, 2012, the Defendant entered into a contract with the Private Sector for the portion of the construction work of the Private Sector (including value-added tax) during the period of construction from December 27, 2012 to June 30, 2013. On December 23, 2012, the Defendant entered into the contract with the Private Sector for the portion of the construction work of the Private Sector during the period of construction of the Private Sector (including value-added tax), with the construction cost of KRW 506,00,000 (including value-added tax) and the construction cost of the Private Sector during the period of construction from December 23, 2012 to March 31, 2013.

E at the time of the conclusion of each of the instant agreements.

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