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(영문) 대구지방법원 2014.07.11 2013가합7367
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 December 12, 2012, the Defendant’s wife B entered into a contract with D on December 12, 2012, setting the amount of KRW 240,00,00 of the contract amount as KRW 240,00 of the contract amount as to the new construction of the Cheongdo-gun E-Ground Child Care Center (hereinafter “instant building”).

(However, C's business registration is in the name of F, which is the wife of D, and also in the name of F.

In order to expand the construction reputation, etc. of the instant building, the Defendant entered into a contract with D on January 9, 2013 by modifying the terms and conditions of the contract under the said paragraph and setting the contract amount of approximately KRW 102.6 square meters for the construction period on January 9, 2013; the completion of construction; February 28, 2013; the contract amount of KRW 307,800,000 for the construction period.

(However, the contract concerning the above contract was also prepared in the name of F, and D is written in the above contract as an agent of F.

On January 9, 2013, a building permit was issued on the instant building. D.

On January 15, 2013, in the name of the original Defendant, the contract document (A evidence 1; hereinafter referred to as the “instant contract”) signed between the Defendant and the Plaintiff as the contractor.

The main contents of the instant contract are as follows.

1. Name of the Corporation: New construction of G child-care centers;

2. Place of construction: Cheongbuk-do E.

3. Construction period: 121,00,000 won (the supply price: 110,000,000 won, and value-added tax: 11,000 won: 11,000 won, in the case of aggregate construction works in a G child-care center (basic, steel frame, steel frame, and board).

(2) Matters concerning the overall execution of this project shall be responsible and managed by CBuilding Design F (Agent: D).

(3) The part concerning a design modification case shall be consulted with C architectural design.

E. The construction was suspended on March 2013 by the dispute over the progress of the construction of the instant building and the payment of construction cost between the Defendant and D.

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