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(영문) 창원지방법원통영지원 2016.07.07 2015가단6851
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. On September 10, 2012, the Defendant entered into a subcontract agreement for construction works under which the contract was made by setting the contract amount of KRW 600 million and the construction period from September 10, 2012 to June 30, 2013 (hereinafter “instant construction contract”) among the new construction works of the apartment building C on the land outside B and three parcels (hereinafter “instant first apartment”).

B. Around August 26, 2013, according to the statement by the Plaintiff’s staff D Plaintiff’s attorney at the first date of pleading, the Plaintiff’s actual operator was conducted with Defendant E, F, and G on the increased quantity compared with the initial contract quantity among the instant construction works, and written evidence No. 4-1 through No. 4.

C. On September 10, 2013, the Defendant entered into a contract on the alteration of a subcontract for construction works (hereinafter “instant alteration contract”) with the Plaintiff, under which the contract amount was KRW 800 million among the contents of the instant construction contract, and the construction period was changed from September 10, 2012 to September 4, 2013.

On October 31, 2013, with respect to the instant construction project, the Plaintiff sent to the Defendant content-certified mail, stating the original amount of KRW 600 million, the amount of the final revised settlement, KRW 1.6 million, the amount of the construction cost received, KRW 6.5 million, the amount of the construction cost received, and KRW 35.6 million, the amount of the unpaid construction cost.

E. Around November 2013, the Defendant: (a) determined that the construction amount in relation to the instant construction project is KRW 800 million increased from KRW 600 million to KRW 200 million; (b) determined the remainder of KRW 650 million to KRW 150 million that has already been paid; (c) transferred the Plaintiff’s ownership of KRW 102,100,000 of the instant apartment house (hereinafter “instant real estate”); and (d) concluded a settlement agreement between the Plaintiff and the Plaintiff to pay the Defendant the settlement amount of KRW 9,025,00 (= KRW 159,025,000 - KRW 150,000,000) (hereinafter “instant settlement agreement”).

F. The plaintiff and the defendant are above.

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