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(영문) 인천지방법원 2013.06.28 2011가합21033
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The contract (Evidence A 3) entered into on May 14, 2010 with respect to the civil engineering works, soil works, rains, and scattering dust fences (hereinafter “instant civil engineering works”) with respect to the land D, E, and F (hereinafter “instant land”) in Incheon Strengthening-gun (hereinafter “instant civil engineering works”) entered into on May 14, 2010 as “construction amount: 84,692,900 won; 1: Defendant A and contractor 2; Defendant A and contractor 1; 1; 2: the contractor : the contractor 1; the contractor 2: the Plaintiff. The instant civil engineering works were completed on June 30, 2010.

B. On the instant land, the instant construction contract concluded on May 14, 2010 (hereinafter “instant construction contract”) with respect to the construction of a new 14 households of multi-household housing (hereinafter “instant construction work”). The contract (as referred to in subparagraph (a) of this case’s first construction contract and the first construction contract of this case’s construction work, collectively referred to as “the contract amount: 931,60,000 won (including value-added tax) and size: 1,217.28 square meters (368.23 square meters) on the instant land: Defendant A and subcontractor 2: Ga, contractor 1: Plaintiff, and contractor 2: the special contract attached to the instant construction work contract are as follows.

2. An executor (the name of the defendant A) shall be responsible for the direct construction cost, industrial accident, root, defect liability bond, site management cost, and general management cost;

The Si construction (referring to one (one (one) construction) and two (2) (one (one)) shall be responsible for the written consent to the use of a building.

7.The contractor (B) shall, while proceeding with the commencement of the construction project, waive all the construction works if the construction works are discontinued for not less than three weeks (21 days) without reason and notification other than natural disasters, and superficies (buildings) shall belong to the contractor (A), and the amount of the construction works shall be paid within 30 days after the completion of the construction works under mutual agreement.

10.The works shall be based on the drawing.

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