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(영문) 수원지방법원안양지원 2014.04.24 2013가단13823
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. The Defendant contracted the Seoul subway C Facility Improvement Works with the Seoul subway Station (hereinafter “instant civil works”) and subcontracted the instant civil works among them to the Korea-U.S. Basic Development Corporation (hereinafter “Korea-U.S. Basic Development”), and around October 2012, the Korea-U.S. Basic Development subcontracted the household facilities and removal works (hereinafter “instant removal works”) to the Plaintiff orally.

B. On November 20, 2012, the Plaintiff leased one of the instant equipment (hereinafter “instant equipment”) at KRW 350,000 per day to the site of the removal of the instant equipment, and carried out coatent works, etc. for the removal of walls from the end of December of the same year. From the end of December 2012, the instant civil works, including the Plaintiff’s subcontracted works, were all interrupted, due to conflict between the Defendant and the Korea-U.S. Basic Development, with respect to the construction performance and the claim amount.

C. From the end of December 2012 to the end of January 2013, the Defendant sent an official document to the effect that, through a conference with Korea-U.S. Basic Development, the Defendant checked and checks and checks the accumulated quantity of construction and the claim amount for progress payment regarding the instant civil works on January 25, 2013, and then, on January 25, 2013, the performance quantity recognized by the Defendant corresponds to the actual execution portion, and thus no longer a claim for early payment cannot be accepted. However, if there is an objection to the actual performance quantity, the Defendant’s claim for early payment shall be presented based on the Defendant’s detailed statement of performance, and if there is an objection to the actual performance quantity, the Defendant shall request the presentation of the basis for each item of performance, and the Defendant shall actively cooperate to resolve the delayed payment amount and smoothly implement the construction by spreading the existing suspended construction work, and shall request the insufficient construction work to be smoothly implemented by the Defendant. However, the Seoul subway Station Facilities Improvement Corporation was contracted with the Defendant Southern Construction Co., Ltd., thereby, the Defendant affiliated with the Defendant.

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