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(영문) 광주지방법원 2016.10.28 2015가합2708
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company whose purpose is to engage in reinforced concrete construction business, etc., and the Plaintiff is the manager of the rehabilitation company A.

The defendant is a person who conducts a wedding business with the trade name of D in Seoul, Incheon, etc.

B. On April 23, 2013, A entered into a contract for construction works (hereinafter “instant contract”) with regard to retaining walls and reinforcement soil works (hereinafter “the retaining walls and reinforcement soil works”) among the Defendant and D Gwangju Construction Corporation (hereinafter “instant construction works”).

Standard contract for private construction works

1. Name of the construction project: New construction works of a D Gwangju store ( retaining walls and reinforced soil construction works);

2. Place of construction: Gwangju Metropolitan City Mine-gu E.

3. Date of commencement: The date scheduled for completion on April 25, 2013: 56,00,000 won: 616,000,000 won: 56,000 won: 56,00,000 won;

C. On April 23, 2013, A and the Defendant concluded a contract for construction works with respect to the instant construction works, as follows, and agreed on the modification of the terms and conditions of the contract.

Standard contract for private construction works

1. The name of the construction work: The construction work of new DNA store;

2. Place of construction: F for the Gwangju Metropolitan City Mining Area; and

3. Date of commencement: April 25, 2013; Date scheduled for completion: July 24, 2014 (15 months);

5. Contract amount: 24,500,000 won (excluding value-added tax).

6. Contract bond: 2,450,000 won; and

8. Divided amount: On a monthly basis, the following is agreed regarding the construction contract for a new building concluded on April 23, 2013 between the defendant and the contractor A and the contractor A with respect to the authorization and permission for the commencement of the new construction of the D Gwangju store according to the construction permission of the Mine-gu Gwangju Metropolitan City, Gwangju Metropolitan City, for six parcels:

1. A is not a completed drawing of a building to be completed by the Defendant, the terms and conditions of which are agreed upon by the Defendant and A with respect to the said construction, and the construction drawings to be completed are in the process of design modification.

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