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(영문) 춘천지방법원강릉지원 2016.09.27 2015가합222
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) Joint contractors and joint contractors and joint contractors, 1) Joint Construction Co., Ltd. (hereinafter referred to as “Co., Ltd.”).

(3) The full-time comprehensive construction company (hereinafter referred to as “ full-time construction”)

The Defendant constitutes a joint supply and demand organization with a share ratio of 45% for the case, 45% for the present 45%, and 10% for the Plaintiff, and on November 3, 2004, the Cheongcheon-gu River Environment Maintenance Project Corporation (hereinafter “the construction of this case”).

A) Around March 16, 2005 and May 12, 2005, the Defendant concluded a construction agreement with the purport that “The Defendant and the YY shall delegate the overall responsibility execution authority of the instant construction work to the YY, and the YY shall have the authority to plan, manage, adjust, and execute the construction of the instant construction site as the responsible contractor of the instant construction, and the YY shall guarantee the Defendant and the YY 10% of the Plaintiff’s equity interest rate of 10% and 45% of the investment rate of the YY, excluding the industrial accident insurance premium, employment insurance premium, and retirement mutual-aid installments.”

3) On September 27, 2005, Dudro Construction Co., Ltd. (hereinafter referred to as “Tukdro”) on behalf of the above joint contractors.

(4) On July 2007, 2007, Samdi, who was performing the construction in the fourth year (the construction in the instant construction in 2007) in return for a lump sum subcontract from Samdi, who was awarded the instant construction in the lump sum, and was declared bankrupt, and Samdi waived waived waived the instant construction in August 31, 2007.

B. On August 31, 2007, Jinjin entered into a collective subcontract between the main contractor and the plaintiff (1) and the defendant on August 31, 2007, as the representative of the main contractor for the contract amount of KRW 7,678,187,00, the remainder of the construction work of this case, and entered into a contract for the change of the remaining quantity to KRW 81.82%, Defendant 18.18%. 2) The plaintiff entered into a contract for the change of the remaining quantity to KRW 81.82%, and Defendant 18.18%.

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