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(영문) 수원지방법원 평택지원 2018.10.02 2017가단50643
양수금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion new Mine Construction Co., Ltd. concluded a construction contract with the Defendant at a total of KRW 1,776,300,000 as to the site of the 1282-6 office building in Pyeongtaek-si, Pyeongtaek-do, Pyeongtaek-do, Cheong-do, and received only KRW 1,544,00,000 as the price therefor.

The plaintiff acquired 104,185,520 won out of the remaining claim for construction price, which the new Mine Construction Co., Ltd. holds against the defendant, and sought payment of 104,185,520 won out of the acquisition amount to the defendant.

2. Facts of recognition;

A. On May 4, 2016, the Defendant entered into a construction period of reinforced concrete construction works with Pyeongtaek-si, 1282-6 Round 25 Dop Dop Dop Dop Dop 25 and Dop Dop Dop Dop Dop Dop Dop 2 (hereinafter “instant 1 construction works”) from May 4, 2015 to September 30, 2016 (including value-added tax) with respect to construction works with respect to the construction of reinforced concrete of 25 Dop Dop Dop Dop Dop 25 and Dong boundary Dop Dop Dop 25 Dop Dop Dop 20,000 (including value-added tax); the construction period of 1,429,900,000 and the construction period of 201,000 Dop 261,206,000 new construction works (hereinafter “the construction period of reinforced 26.21,261,261,261,”).

B. Until October 10, 2016, the Defendant paid KRW 1,294,00,000 as the construction price of the instant first construction project by October 1, 2016, and KRW 250,000,000 in total as the construction price of the instant second construction project, and KRW 1,54,00,000 in total.

C. On November 11, 2016, Defendant and New Mine Construction Co., Ltd. are to verify the field frame of labor costs, material costs, food supply costs, equipment costs, etc. invested prior to November 2, 2016, and settle the construction completion with regard to the part contracted with the new Mine Construction Co., Ltd. with the contract remainder amount.

November 1, 2016.

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