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(영문) 의정부지방법원고양지원 2013.09.04 2012가합10652
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2-1 to 24, Gap evidence No. 4-1, 2, Eul evidence No. 1, and the whole purport of the arguments and arguments.

The plaintiff is a person engaged in the construction business, and the defendant is a corporation with the purpose of comprehensive construction business.

B. The gold Industry Co., Ltd. (hereinafter “SH industry”) awarded a contract for the construction of a public housing unit for the Guro-gu Seoul Metropolitan Government Seoul Guro-gu Seoul Special Metropolitan Government KS C4 Complex (hereinafter “SH”) to the Defendant on August 18, 2009 for the payment of construction cost of KRW 992,242,775 (including value-added tax) during the said construction work (hereinafter “instant construction”).

Agreement

1. The name of the construction work: Fluorry work among apartment construction work for Geumho C4 apartment complex;

2. Period of agreement: August 19, 2009 to June 30, 2011.

3.Contract Amount: 912,863,00 won (excluding value added tax) shall agree on the above construction as follows:

1) Payment shall be made in cash on the 30th day of the following month in accordance with paragraph 2: Provided, That at the time of payment the amount less the on-site input cost of “A” (the Defendant) shall be paid in the amount payable. 2) The method of calculating the contract amount shall be 92% of the details of the attached contract.

7) “B” (Plaintiff) bears all the expenses for the construction and the cost of expendable goods. 14) “B” may terminate a direct payment or contract in accordance with the judgment of “A” if the progress payment (wages and material cost) paid by “A” every month is not normally disbursed.

C. Around that time, the Defendant again subcontracted the instant construction to the Plaintiff, and on October 20, 2009, entered into an agreement on the instant construction project between the Plaintiff and the Plaintiff (hereinafter “instant agreement”) and the content of the agreement (hereinafter “instant agreement”). The main contents are as follows.

The defendant.

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