logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.06.14 2017가단116408
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 27, 2015, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant, with a view to setting the construction period from October 27, 2015 to December 20, 2016, the contract amount of KRW 1,029,60,000 (including value-added tax) for each of the said projects, among the second projects of attack helicopters contracted by the Defendant by the Armed Forces Finance Management Body (hereinafter “instant land construction”). The name of the construction project under the subcontract settlement agreement: The construction project owner: (a) entered into a subcontract agreement with the Defendant as of October 27, 2015 to conclude a subcontract with respect to the said projects under construction contract as of October 27, 2015, by mutual agreement on the modification of the terms and conditions of the construction contract and performing all of his/her obligations in good faith as follows:

1. The original contract amount: the changed contract amount of KRW 1,00,000,000,000 won per day (Won 1,029,60,000): the daily gold full, KRW 652,83,960 (Won 652,83,000); and

2. Original construction period: Amendment from October 27, 2015 to December 20, 2016: All matters of the original contract, other than those agreed upon, shall remain effective, as they are, from October 27, 2015 to May 31, 2016.

B. The Plaintiff, pursuant to the instant subcontract agreement from October 27, 2015, performed the instant Saturdays, but ceased to exist on May 2016. On May 31, 2016, the Plaintiff drafted a written agreement with the Defendant (Evidence A 3; hereinafter “instant settlement agreement”) with the following content.

[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings

2. The plaintiff alleged by the parties concerned while carrying out the instant earth construction at the request of the defendant, with additional works not included in the instant subcontract, the installation works for the 301 large number of water supply connecting works, the installation works for the Modro-Flight test site installation works, the installation works for the Modro-airfield water supply removal works, and Modro-airfield water supply removal works.

arrow