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(영문) 대전지방법원서산지원 2017.11.23 2016가합51230
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. A. On September 16, 2015, the Defendant entered into a contract between the solitary Company and the Defendant, which was awarded a contract for construction of the machinery and equipment (including ice-proof equipment/equipment, automatic control, and pipeline construction) during the B construction (hereinafter “Cheongdo Construction”) and the machinery and equipment (including ice-proof equipment/equipment, automatic control, and pipeline construction), and cudio equipment, etc.

B. On September 25, 2015, the Defendant entered into a subcontract between the Defendant and P&C Co., Ltd., Ltd. (hereinafter “P&C”) on the A&C around September 25, 2015.

Of the construction works described in paragraph (1), construction costs of KRW 1,270,00,00 (including ice storage, sanitation, hot water supply, and drain water) were determined and subcontracted from September 25, 2015 to August 31, 2016, and construction costs of KRW 895,00,000 (excluding value-added tax) were additionally determined and subcontracted as from March 18, 2016 to August 31, 2016.

After October 16, 2016, some of the construction works were excluded, and each of the construction works was finally changed to KRW 1,05,000,000, and KRW 416,50,000 (total KRW 1,471,50,000, value-added tax separate).

C. On June 16, 2016, the Plaintiff entered into a subcontract between AWC and the Plaintiff, and the Plaintiff from AWC.

A subcontract was entered into to the effect that ice storage equipment and automatic control equipment (hereinafter referred to as “instant construction”) among the construction works described in the subsection (hereinafter referred to as “instant subcontract”) will be awarded for the construction cost of KRW 231,00,000 (including value-added tax) and for the construction period from June 17, 2016 to August 30, 2016 (hereinafter referred to as “instant subcontract”). In relation to the payment of the construction cost, the said subcontract states as follows: “Payments - Defendant, C&C, Plaintiff - Defendant direct payment after their direct refusal.”

The Plaintiff’s completion of construction and the payment of the construction cost were completed on or around August 30, 2016, but the instant construction was completed from P&C.

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