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(영문) 대전지방법원천안지원 2017.07.14 2016가합103418
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 21, 1995, the Gyeyang Construction Industry Co., Ltd. (formerly changed) entered into a contract for construction works with E on the part of the above construction works, while obtaining a construction permit for the construction of a new building on five parcels of land outside D and Seoan-si (hereinafter “instant construction works”). On October 200, the Plaintiff participated in the said structural works and carried out concrete construction works, etc.

The instant corporation was suspended due to the default of the title of the corporation, and F was resumed after receiving the award of the said land on March 2002.

F on June 3, 2002, the name of the owner of the instant construction project was changed in the future, and the name of the owner was the same year.

9. Around 16.16. Around 16.0, F was changed to B Co., Ltd. (hereinafter “instant company”).

B. Around that time, the Plaintiff entered into a construction contract between the instant company and the instant company with the construction cost of KRW 1,140,000,000 for the structural part of the instant construction project (excluding value-added tax).

On May 28, 2002, KRW 350,000 of the construction cost as above agreed to substitute the five-story of the building at the time of the establishment of the fifth floor of the building as the portion of the construction work before May 28, 2002, and the Plaintiff did not purchase the five-story of the building up to now.

C. Around 2002, Daedo Co., Ltd. (hereinafter “Largedo”) entered into a construction contract with the instant company for the steel-frame production installation works on the first and eighth floors among the foregoing buildings with the construction cost of KRW 1,430,000,000, and entered into the said construction contract for the said construction works, and entered into a contract for the construction works on the steel-frame production installation works on the nine floors.

On May 16, 2005, the instant company drafted a letter of confirmation (Evidence A 4) confirming that the instant company had not paid the construction cost of KRW 905,00,000 to Taiwan.

Daejeon District Court decided July 26, 2006 with respect to the company of this case.

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