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(영문) 대구지방법원 2018.02.06 2016가단123935
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 May 15, 2013, the Defendant Company entered into a contract with the Plaintiff Company to enter into a subcontract with the term contract amount of KRW 2.3886 million (including value-added tax) and the term of construction from May 15, 2013 to March 28, 2014 (hereinafter “instant subcontract”).

B. At the time of concluding the instant subcontract, the Plaintiff Company agreed to increase the contract price of the instant subcontract in KRW 50 million (including value-added tax) in comparison with the Defendant Company and ELD hotel in order to return KRW 500 million to ELD hotel. The Plaintiff Company agreed to pay KRW 500 million, excluding value-added tax, to ELD hotel.

C. The actual contract amount of the instant subcontracted project was KRW 1,830,136,463, but was reduced to KRW 1,709,200,00 due to design change, etc., and the Plaintiff Company was 2014.

6.12. Around 12.

Defendant Company paid money to the Plaintiff Company as listed below, and as regards the amount of 1, 2, and 3 payments set forth below, '1, 2, and 3 payments' respectively.

The Plaintiff Company paid KRW 500,000,000,000,000,000 to the Defendant Company, in accordance with the agreement with the Defendant Company and the ELD hotel.

Temporary amount of KRW 10 million on May 31, 2013, KRW 100 million, KRW 125,400,000 on July 24, 2013; KRW 333,300,000 on August 14, 2013; KRW 46,6 million on December 26, 2013; KRW 65,000 on January 28, 2014; KRW 65,00,00 on KRW 77,10,00 on February 15, 2014; KRW 70,000 on KRW 190,000 on March 19, 2014; KRW 74,740,000 on April 24, 2014; KRW 74,500,000 on KRW 74,50,000 on March 24, 2014;

E. The Plaintiff Company is the Defendant.

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