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(영문) 수원지방법원 2018.09.13 2017나68608
공사대금
Text

1. The appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim: the defendant.

Reasons

1. The basic facts of the claim: ① The Plaintiff entered into an agreement with the special room created with the objective of controlling indoor pressure, damp altitude, temperature, distribution, speed, etc. to the extent necessary for the production of the product to the extent of efficiency in the production of the product; ② the Defendant is a construction company; ② the construction of red ginseng processing factory from the non-party A Co., Ltd. (former trade name was "B"; hereinafter referred to as "non-party A Co., Ltd.") engaged in red ginseng processing business on March 13, 2015; the construction period from March 16, 2015 to July 14, 2015; the construction price is KRW 830,000,000,000,000 for raw materials for the manufacture of the product; ③ the Defendant entered into a contract with the Plaintiff on June 2015, to purchase red ginseng processing plant construction; and the production of red ginseng products from the production of the product to the entire production and shipment of the product.

The construction work (the construction work to prevent fine dust, etc. from flowing into a factory; the specific process was composed of the board construction work, the sub-committee construction work, the cooperation machine and the cudio fixtures installed; hereinafter referred to as "the construction work in this case"); the construction period was determined from June 4, 2015 to June 30, 2015; the construction cost was KRW 185 million (excluding value-added tax); the Plaintiff completed the construction work in this case on August 20, 2015; and the confirmation thereof was made by the non-party company; ⑤ the Defendant provided only KRW 165 million out of the construction work in this case; ⑤ the Plaintiff sought payment of the remainder of the construction work in this case to the Defendant around February 3, 2016; the Defendant requested payment of the remainder of the construction work in this case to the non-party company; the Defendant directly prepared and delivered the written request to the Plaintiff on February 3, 2016 to the non-party company that was directly in progress.)

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