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Reasons
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(영문) 대구지방법원 포항지원 2018.06.21 2017가단1316
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around the second half of 2015, the Defendant concluded a contract for the construction of E-Ba with the company C (hereinafter “C”) around the second half of 2015, and the company D (hereinafter “instant construction site”).

B. From October 2015, before entering into a formal contract with the Defendant, C commenced construction at the instant construction site from the end of October, 2015, and the Plaintiff, who entered into a subcontract with C in relation to the instant construction site, directly performed the said construction.

C. Since then, the Defendant and C did not enter into a fixed contract with regard to the instant construction site, and C filed a lawsuit against the Defendant on December 2, 2015 with the Daegu District Court for the payment of the construction cost related to the instant construction site (No. 2015dan305724). Around that time, construction was suspended for the instant construction site.

On January 13, 2016, the Plaintiff entered into a contract with the Defendant regarding the instant construction site as follows:

(2) The date of commencement: The date of completion: February 20, 2016; 4.7 billion won;

4. Mediation for loans for construction expenses shall be selected by the subcontractor;

8. The scheduled date for commencement and completion of a project may be changed according to circumstances.

(Case) [Grounds for Recognition] Facts without dispute, Gap 1 through 4, 6, 7, 8, Eul 1, 3, 7, 8, 9 (including each number), each entry or video, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion recognized the liability for the construction cost performed by the plaintiff at the construction site of this case at the time of the contract of this case.

Therefore, as to the construction works performed by the Defendant at the construction site of this case by March 14, 2016 under the instant contract, the construction cost of the construction works shall be KRW 73,839,690 to the Plaintiff.

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