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(영문) 수원지방법원안산지원 2014.06.12 2013가합871
공사대금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a constructor who operates a personal business entity called “C,” and the Defendant is a company with the main purpose of reinforced concrete business, civil engineering business, soil business, etc.

B. The Seoul Regional Land Management Office ordered the “D Road Expansion Works” (hereinafter “instant construction”) by designating the Sejong Construction Co., Ltd. as the contractor, and the Sejong Construction Co., Ltd subcontracted the instant construction to the Defendant.

C. On August 2010, the Plaintiff and the Defendant entered into the instant agreement on the execution management (hereinafter “instant agreement”) with respect to the instant construction project, as follows:

C. (Purpose) In carrying out D Road Expansion Works, this Agreement shall be drawn up in order to complete the construction work in its original condition on the basis of mutual trust between the two parties in the progress of the D Road Expansion Works by the B Representative E (hereinafter referred to as “A”) and C Representative Director A (hereinafter referred to as “B”).

Article 2 (Details of Projects)

1. Construction name: D road expansion works;

2. Order place: Seoul Regional Land Management Office;

3. Recipients: A corporation incorporated to construct tax sources.

4. Sub-recipient: AB of the credit rating company.

5. Period of construction: Article 3 (Management of Works) of all the terms and conditions of the relevant construction contract on February 6, 2012 on the date of commencement/construction: February 2, 2012.

1. “B” has to complete all of the above works under its responsibility.

2. “A” and “B” shall be entered into with respect to the above construction, and the contract amount shall be 95.65% of the supply value of KRW 4.65 billion (in comparison with the contract amount, value-added tax of KRW 4.4 billion) shall be settled, and the increase after the design modification shall also be 95.65% of the supply value.

3.A “B” shall be performed in good faith in the performance of the construction work in accordance with the construction management, safety management, and quality control and the design documents and specifications.

4. The limits of duties and responsibilities to be performed by “B” are as follows, and the scope of duties and responsibilities to be performed by “B” shall be delegated to “B”.

- The preparation of a written request for work of the ordering person, a written request for work, and an official document;

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