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(영문) 부산지방법원 2021.01.27 2019가합43081
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 9, 2012, the Defendant owned two multi-family housing of five stories on each of the instant land (hereinafter “F Dong” and “G Dong”) from the smuggling market, where the Defendant owned each of the said two parcels of land, D, 549 square meters and E, 369 square meters (hereinafter the above two parcels of land, each of which is referred to as “D land” and “E land,” and, at the same time, obtained a building permit from two Dongs (hereinafter the “G Dong”).

B. The Defendant contracted F Dong and G New Construction to Non-Party H Co., Ltd. (hereinafter “H”) for the construction cost of KRW 1,080,000 (Additional Value-Added Tax Separate), and the said construction was suspended even after H completed the second floor frame construction.

(c)

Accordingly, on March 5, 2014, the Defendant entered into a contract (hereinafter “instant contract”) with the Plaintiff to contract Fdong and G remaining construction works for the said new construction (hereinafter “instant construction works”). However, in the form, H subcontracts entirely subcontracted the instant construction works to the Plaintiff, but the Defendant entered into a contract with the Plaintiff to guarantee the obligation for the payment of the subcontract price.

Of the instant contracts, the part relating to the instant case is as follows, and the Defendant signed and sealed the instant contract at the bottom of the special engineer’s port.

Standard subcontract Agreement for Construction Works

4. Construction period - On March 7, 2014 on the date of arrival - on June 30, 2014 on the completion date: Value-added tax (Won 880,000,000) supplied on June 30, 2014: Value-added tax of KRW 880,000 on the daily gold sale price (Won 880,000,000): An amount set aside.

6. Payment of the price;

(a) Advance payment: ① Payment in the amount of KRW 650,000,000 (Won 650,000,000) (2) Payment in the case of loans to the remainder bank;

12. Special Terms and Conditions - The A of the special engineer H of the see set forth in the clause of the special engineer(s) “A” and the I Representative A refers to “B”.

5.With respect to the construction contracts between “A” and “B”, the project owner shall have a seal of guarantee.

The construction cost of "B" shall be paid as a substitute for the construction cost of a building E in the parallel of Gyeongyang-nam.

6. “B”.

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