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(영문) 부산지방법원 2018.06.15 2017나47014
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of non-intermediating construction business, and the Defendant is a company established for the purpose of construction, civil engineering construction business, etc.

B. While the Defendant was running the two new construction works for the instant construction works for the instant construction works for the G and B ground accommodation (hereinafter “instant construction works”), around October 2015, the Defendant subcontracted C with KRW 630,000,00, including the installation works for the instant construction works, and C performed the structural construction works for the instant construction site from January 2016.

C. On February 24, 2016, the Plaintiff sent to the Defendant a document stating “written guidance on documents for application by the Government Subsidies Service, which requested that the application documents required for receiving government subsidies related to the establishment of the system vision be sent as the main date and requested the Defendant to do so.”

On March 14, 2016, the Defendant submitted to the Korea Occupational Safety and Health Agency a total of KRW 79,027,00,000 in total and KRW 39,446,00 in the application amount of subsidies.

E. On March 30, 2016, the Vice-Governor of the Korea Occupational Safety and Health Agency sent a letter to the Defendant on March 30, 2016, and the instant construction site sent a letter to the Defendant’s rejection of the Defendant’s application for the subsidy on the ground that it is eligible to receive more than two million won of construction cost.

F. Meanwhile, at the construction site of this case, the Plaintiff partially installed a system vision and removed it.

There is dispute over specific installation timing, degree and removal time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 6 (including branch numbers; hereinafter the same shall apply), Gap witness C's testimony and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant contracted the construction of the system vision in the construction site of this case from the Defendant, and that 50% of the amount of construction work was carried out.

Therefore, the defendant is about the establishment of a system vision to the plaintiff.

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