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(영문) 청주지방법원 2017.09.21 2017나11569
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. 1) The Defendant shall conclude a contract for the installation of effective comprehensive construction technology (hereinafter “effective comprehensive construction”).

A) On the ground of land A and one (1) Namyang-si, Namyang-si, the Construction Corporation for New Long-Term Care Hospital B (hereinafter “instant Construction Corporation”).

(2) From December 30, 2014, the construction of effective comprehensive construction was being carried out from around December 30, 2014, and on January 7, 2015, the construction period for the part of “facilities (construction, fire-fighting, gas, medical gas, cooling, heating, etc.)” among the Plaintiff from January 8, 2015.

8. Until October, 198, the contract amount was determined as KRW 836,00,000 (including surtax) and subcontracted.

(3) The Plaintiff, from January 7, 2015, performed the instant installation works from around that time, and from the Korea Facilities and equipment Construction Guarantee Association on January 23, 2015, the guaranteed amount of KRW 836,00,000, and the guarantee period for the instant installation works from January 7, 2015.

8. A contract guarantee for the end of 10. Around that time, it was issued to the comprehensive construction of efficacy.

B. The Plaintiff and the Defendant: (a) the construction of effective comprehensive construction was suspended on or around February 10, 2015; and (b) the Defendant, on March 10, 2015, the Plaintiff and the Defendant, stating that “The Defendant would directly pay construction cost not paid from the comprehensive construction of effective construction with respect to effective construction” (hereinafter “the instant letter”).

Then, the main contents of each of the instant notes were as follows.

Written Consent of Mutual Agreement

2. “A” and “B”, when both parties have reached the verification of the site under construction upon entering into a comprehensive construction project with filial duty and a construction project site through mutual verification, “A” is executed and “B” until the bank receives progress payment from the bank, or, if other companies receive progress payment in installments, make a payment under mutual agreement.

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