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Reasons
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(영문) 수원지방법원여주지원 2014.07.10 2013가합3155
공사대금 및 손해배상청구
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 10, 2013, Defendant B Co., Ltd. (hereinafter “Defendant B”) subcontracted the construction cost portion of the construction work among the “construction, machinery and equipment (fire-fighting) construction work,” which was contracted by the Defendant B to the F Co., Ltd. (hereinafter “F”), from Eg extension work, to KRW 184,80,000 (hereinafter “instant contract”). At that time, Defendant B paid KRW 36,960,000 to F deposit.

B. When Defendant B terminated the instant contract with F on July 15, 2013, Defendant B agreed to pay the remainder of KRW 40,656,000, excluding the said down payment of KRW 36,960,00, which was already paid, to the Customer at F’s request (hereinafter “instant construction contract”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 3 (including branch numbers), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that at the time of the instant construction contract agreement with Defendant B, the Plaintiff succeeded to the status of the recipient (F) under the instant contract and agreed to perform the instant construction work (hereinafter “instant succession agreement”). Defendant C and D jointly and severally guaranteed the Defendant B’s obligation for the construction cost arising from the execution of the instant construction work.

Accordingly, the Plaintiff continued to carry out the instant construction, and the additional construction occurred in the process, and the construction cost in the instant case was finally changed to KRW 225,767,648.

Therefore, Defendant B’s remaining portion of the construction cost calculated in accordance with the Plaintiff’s assertion, excluding KRW 77,616,00,000 that was settled at the time of the instant construction contract agreement at KRW 225,767,648, and the remainder of the construction cost, excluding KRW 33,00,000 that was paid by Defendant B to the Plaintiff.

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