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(영문) 의정부지방법원고양지원 2015.11.04 2013가합53830
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. The construction of the Kmpung Factory Co., Ltd. (hereinafter referred to as the “Tin-Sai”) 1) Taek Co., Ltd.

(2) On April 12, 2013, the Plaintiff was awarded a contract for construction work for the construction work of a one-way pressor factory from the Han Il Plung Co., Ltd. to the 1.715 billion construction cost, and thus, constitutes “one-way construction work” (hereinafter referred to as “one-way construction work”).

(2) On April 2013, the Defendant awarded a sub-subcontract to the Plaintiff as it is, and the Plaintiff and the Defendant concluded a construction contract with the construction cost of KRW 4257 million (including value-added tax; hereinafter the same shall apply) on August 22, 2013.

(The date of the conclusion of the contract under the contract was drawn up retrospectively on April 20, 2013). (b)

C 1) Master Land Construction Corporation, Inc. (hereinafter referred to as “master Land Construction Corporation”)

On April 29, 2013, C (a private business chain operated by D) seems to be a private business chain.

(2) From the viewpoint of the Incheon Seo-gu BB block 20, the construction cost of the construction of the Cmp plant is KRW 1.466 million, and the construction of reinforced concrete among the above construction work is regarded as the construction cost of KRW 1.466 million (hereinafter “second construction work”). The construction work and the second construction work are integrated into “each of the instant construction work.”

(2) Around April 2013, the Defendant awarded a sub-subcontract to the Plaintiff as it is, and the Plaintiff and the Defendant concluded a construction contract, the construction cost of which is KRW 2497 million (including value-added tax) with respect to the No. 22, 2013 construction work, on August 22, 2013.

(The date of the conclusion of the contract under the contract was written retrospectively on April 25, 2013). (c)

From May 31, 2013 to August 30, 2013, the Defendant paid the construction cost under the name of the Defendant to the Plaintiff KRW 38 billion. From August 30, 2013 to December 4, 2013, the Defendant paid KRW 7.4 million to the Plaintiff’s subcontractor on behalf of the Plaintiff, and the Plaintiff’s site manager E (referring to the current representative director) as the Plaintiff’s site manager.

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