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(영문) 창원지방법원통영지원 2014.01.09 2013가합245
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) Defendant (competent District Office of Education) and two-way development company (hereinafter “dual industry development”), including the conclusion of a contract agreement and advance payment, etc.

B) On December 24, 2010, the Defendant newly constructed a high-level library on the ground 309-1, Sung-gu, Sung-gun, Gosung-gun, Gosung-gun, Kim Sung-nam (hereinafter “instant new construction”) for the development of the two main industry.

(2) A contract under the terms and conditions that the contract is made for the construction cost of KRW 2,355,318,650, and the construction period from December 29, 2010 to September 24, 201 (hereinafter “instant contract”).

(ii) A contract was concluded (after that, on September 23, 2011 and November 18, 2011, each of the contracts to modify the terms of the instant contract was concluded, and the construction cost was finally changed to KRW 2,263,140,00 and the construction period was changed to November 19, 201.

2) Meanwhile, the instant contract provides that “The general conditions of the instant contract for construction shall be subject to the general conditions of the contract for construction of local governments [Article 333 of the Rules of the Ministry of Public Administration and Security (No. 26, 2010)] regardless of whether or not attached to this contract document.”

3) Afterwards, the Defendant paid KRW 706,00,000 for advance payment for development of the two-way industry on January 17, 2011 under the instant contract. 4) Moreover, the Defendant paid KRW 542,738,00 for the first progress payment under the instant contract for development of the two-way industry on June 30, 2011.

B. On the other hand, on June 13, 201, a contract between the two prime industrial development and the Plaintiff on the conclusion of a subcontract and a direct payment agreement (i.e., a contract between the two prime industrial development and the Plaintiff on June 13, 2011 to subcontract the Plaintiff with the period from June 14, 2011 to September 10, 201 for the construction cost of the New Construction Project (including value-added tax) and the period from June 14, 2011 to September 10, 201 (hereinafter “instant subcontract”).

(2) After the conclusion of the instant subcontract, a direct payment agreement was made between the Plaintiff, the two main industries development, and the Defendant on the subcontract price (hereinafter “instant direct payment agreement”) with the following contents.

1. Name of official: this shall be applicable;

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