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(영문) 대전지방법원 2018.09.05 2016가단203633
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. Hart Construction Co., Ltd. (hereinafter “Aart Construction”) and enzymar Construction Co., Ltd. (hereinafter “ enzymar Construction”) jointly contracted “C Business” ordered by the Daejeon Regional Land Management Agency (hereinafter “C Business”) around February 2009.

However, the part of landscaping construction among the above projects (construction of facilities and planting construction) has received 100% shares of effective construction.

B. On November 10, 2010, construction of enzymarians is during the foregoing landscaping; 1) Facilities Construction Corporation is the Plaintiff and the Plaintiff and the Plaintiff Forest Recording Industry Co., Ltd. (hereinafter “Industrial Forest Recording Industry”).

2) The Food Agency awarded a contract to Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”).

C. The Plaintiff and the Defendant Company completed the construction of 2 and 3 landscaping by not later than the end of the end of 2011 in accordance with each of the above subcontract agreements with enzyme Construction Division.

(C) as a long-term continuing construction project, a contract for each type of car has been entered into separately from the overall contract.

Efficacy Construction was no longer possible from the end of 2011 due to management difficulties, and Eart Construction, which was a joint beneficiary of C's projects, took over the part of Efficacy Construction that was conducted around March 2012.

E. As for Aart Construction, each subcontract was entered into with the Plaintiff and the Defendant Company on the landscaping construction after the fourth anniversary thereof.

(A) In this process, the Plaintiff and the Defendant Company entered into a subcontract with Aart Construction and the Defendant Company, and prepare and submit a confirmation document (No. 3) with the following contents:

- A and new landscape architecture construction shall be responsible for, and executed and completed by, landscaping construction.

-As the subcontract amount includes the total amount of the original contract, such as the indirect labor cost and other general management cost for landscaping construction, it will be borne by the salaries and direct costs of the staff belonging to Hart Construction in A and new landscape construction, which will be awarded a subcontract with 100% of the contract construction cost.

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