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(영문) 수원지방법원 안산지원 2017.01.12 2016가합8609
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a company that runs the construction business, and its actual operator is C.

D Co., Ltd. (hereinafter referred to as "D Co., Ltd.") and Defendant also engage in each construction business, and the representative director is both E, and the actual operator is both E and E.

On May 18, 201, the Defendant and D Company agreed that the ownership of 4 households (101, 202, 301, 402) out of the loan operated as a substitute in lieu of the payment of the construction cost shall be transferred, on the date when the new construction of multi-household housing (7 households; hereinafter “family loan”) was determined on May 5, 201, the date of commencement, and October 30, 201 as of October 30, 201.

On May 18, 201, the Defendant and D Company agreed that the ownership of 4 households (201, 302, 401, 402) out of the loan in lieu of the payment of the construction cost shall be transferred, as the new construction of K, L-based multi-household housing (7 households, hereinafter “Dong-dong Loan”) was decided as the price for 520,000,000,000 on the date of commencement, May 201 on the date of commencement, and October 30, 201 on the date of completion.

D Company transferred all assets, rights and obligations related to construction business to the Defendant on August 31, 2011.

On January 3, 2012, the Defendant agreed to pay to the Plaintiff the construction price of KRW 483,00,000 (including value-added tax) for the operation and the Nadong Do Do Do Do Do Do Do dong Do Do Do Do Do Do Do dong Do Do Do dong Do Do Do dong Do Do Do Do dong Do Do Do dong Do Do Do dong Do Do Do Do dong Do Do Do dong Do Do Do Do , with the construction period from January 3, 201 to February 29, 20

After that, the defendant requested the plaintiff to perform the whole excluding the pelpeling construction work (hereinafter referred to as the "total peling construction work").

The plaintiff shall be electrical, telecommunication, and telecommunication among the entire finished construction works for M Co., Ltd. (hereinafter referred to as "M Co.").

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