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(영문) 광주지방법원목포지원 2015.07.02 2014가합593
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 February 2012, the Plaintiff engaged in the business of manufacturing and installing steel structure under the trade name of “C” entered into a contract for the construction of solar structure in E University (hereinafter “instant contract”) with the Defendant for the construction cost of KRW 357,50,000 (i.e., value of KRW 325,000,000 value-added tax of KRW 32,50,000,000; Provided, however, the “contract amount” is mistakenly stated in the contract amount of KRW 356,40,000) and concluded the construction work of solar structure in E University (hereinafter “instant construction”). In addition to G performing the construction of steel structure with the trade name of “F.”

D guaranteed the Plaintiff’s obligation to the Defendant at the time of entering into the instant contract.

B. While carrying out the instant construction project in Jeju-do, the Plaintiff delegated D with the handling of business affairs in Gwangju, such as claiming for progress payment, paying expenses for subcontractors, etc. related to the instant construction project, and issuing tax invoices, and entrusted with the Plaintiff’s seal to carry out the said business.

C. D, under the Plaintiff’s name, prepared a settlement agreement with the Defendant (hereinafter “instant settlement agreement”) with the following content, and the agreement with the same content as the instant settlement agreement.

The “additional Construction Works” portion of the additional Construction Works specifications attached to the instant settlement statement (hereinafter “Additional Construction Works specifications”) are as shown in the attached Table.

The Defendant and C (Plaintiff) agree to settle the construction cost in the safe completion of the installation works of solar sprink structures at E University, as follows:

1. Construction name: Construction of structures installed in the E-line “solars”;

2. Construction period: The following: A contract for additional amount of KRW 357,500,000 for the contract: The total amount of KRW 37,820,000 for the contract: 395,320,000 for the contract from February 10, 2012 to May 3, 2012 (including VAT 1): The fact that there is no dispute over KRW 395,320,00 for each statement in the evidence of subparagraphs A1 and 5, and the purport of the whole pleadings;

2. The assertion;

A. The plaintiff's assertion.

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