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(영문) 서울중앙지방법원 2015.10.14 2015가합11590
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. On July 4, 2012, the Plaintiff received a subcontract for the part of tin work (hereinafter “instant construction”) from a stock company A (hereinafter “A”) during the construction of an officetel in Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “A”) with the contract amount of KRW 1,254,00,000, and the construction period from July 4, 2012 to February 28, 2013.

(hereinafter “instant subcontract”).

B. On November 13, 2012, the Seoul Central District Court rendered a decision on November 13, 2012 that the Defendant, the representative director of which, without appointing a manager, shall be deemed the manager.

C. On December 2, 2013, after a decision was rendered on December 2, 2013 with respect to the commencement of rehabilitation procedures with respect to A, the Plaintiff entered into a contract with the Defendant, the custodian, to modify the contract amount to KRW 1,367,00,000, and the construction period to December 30, 2013.

(hereinafter “instant primary change contract”). D.

The construction work under the instant subcontract and the instant first amendment contract was completed on December 30, 2013.

E. After that, on July 30, 2014, the Plaintiff concluded a new contract with the Defendant to revise the contract amount of KRW 1,455,00,000 with respect to the instant construction, and each of the changes made to the construction period until August 30, 2014.

(hereinafter referred to as “the second amendment contract of this case”). / [Grounds for recognition] The fact that there is no dispute, entry of Gap 2 and 3, Eul 1, obvious facts in this court, the purport of the whole pleadings.

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff asserted that the plaintiff is obligated to pay KRW 313,00,000 to the plaintiff out of the above construction cost of KRW 1,455,00,00,000, since the construction work under the second modification contract of this case was completed.

B. The burden of proving the completion of the work in the determination 1 contract is against the contractor seeking the payment of the remuneration for the result of the work, so the contractor does not assert that there is no part of the work under the contract.

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