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(영문) 수원지방법원성남지원 2016.11.17 2014가합1764
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 14, 201, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant, setting the construction cost of KRW 600 million with respect to the “three traditional culture experience centers” located in Incheon Si-Gun to set the construction cost as KRW 600 million. ② On May 27, 2011, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with regard to the “specialized maintenance works, such as construction of food and drink centers for traditional temples” as the construction cost of KRW 666 million with respect to the said “construction works,” which was set as KRW 666 million for construction cost.

(B) The title of the party to the instant new construction contract and the maintenance construction contract was changed to Samyoung as a result of the division and merger of the former general construction corporation.

Until November 19, 2012, the Plaintiff received 600 million won of the construction price under the instant new construction contract and 666 million won of the construction price under the instant maintenance construction contract from the Defendant through Sam Young-young Co., Ltd.

C. From around the wintering in 2012, the Plaintiff discontinued the instant new construction work, and on June 16, 2013, a letter of agreement was drawn up between the Plaintiff and the Defendant with the following content (hereinafter “instant letter of agreement”).

The building Nos. 4, 4 and 5 are to be executed within the subcontracted part and the subcontracted part and the building Nos. 6 and 7 are to be based on the building details (design), i.e., the mutual name of Y, i.e., C and E., the next building. In the future, the building is to obtain money in the future, and i.e., E cooperate with each other at the time of occurrence, and i.e., the building will be resolved.

· For additional construction costs, the amount recognized by the design office shall be settled.

- P.S. (1) S. (2) The objective of the instant construction contract is:

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