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(영문) 전주지방법원 2016.12.02 2015가합3463
차용금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff) at KRW 599,891.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, the plaintiff is a company that operates civil engineering construction business, etc., and the defendant is a company that operates soil construction business, etc.

On August 2010, the Plaintiff and Defendant, etc. were awarded a contract for the E New Construction (hereinafter “the entire construction of this case”) with the Republic of Korea (hereinafter “Ministry of Justice”) around August 2010, in common (share ratio: Plaintiff 21.5%, Multilater Construction Co., Ltd., and 31.5% construction of U.S. Limited Liability Co., Ltd.) for the subcontract, multilateral Construction Co., Ltd. and the Construction of U.S. Limited Liability Co., Ltd. (hereinafter “Plaintiff, etc.”).

On March 20, 2012, the Defendant entered into a subcontract with the Plaintiff, etc. for construction cost of KRW 463,050,00, and from March 20, 2012 to April 11, 2012 (after that, the construction cost was KRW 63,360,00; the construction period was changed from March 20, 2012 to June 20, 2012; the construction period was changed from March 20, 2012 to June 20, 2012; the construction period was changed to KRW 481,36,00,000; and the construction period was changed to KRW 130,00 from July 30, 2012 to KRW 486,00; and the construction period was changed to KRW 130,01,00,000 to KRW 15,201, respectively (hereinafter “the construction price of the instant fourth construction”).

On May 7, 2012, the Ministry of Justice, including the receipt of the Defendant’s subcontract consideration, and the Plaintiff, etc., the Defendant agreed to directly pay the Defendant the subcontract consideration according to the subcontract agreement between the Plaintiff, etc. and the Defendant, with the payment of the construction cost of KRW 1,132,175,00 and the construction period of KRW 1,132,175,00 with respect to the Saturdays among the entire construction of the instant case (hereinafter “instant direct payment agreement”) from March 20 to December 18, 2012.

(B) Around March 2013, the construction period was changed from March 20, 2012 to December 1, 2013.

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