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(영문) 서울서부지방법원 2019.04.19 2018가단9442
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A. D (the Plaintiff filed the instant lawsuit against D, but the Plaintiff withdrawn the lawsuit on November 30, 2018) around October 2016, D leased G, H, H, I, J, H, H, H, H, H, H, H, N, P, P, and Qho to be used as PP, among the F buildings on the land of four parcels, Bupyeong-gu, Incheon, Bupyeong-gu, and four parcels of land. The lessee column of the lease agreement is written by R (hereinafter “R”) as a PP, in addition to D.

B. 1) The Plaintiff and S Co., Ltd. (hereinafter “S”).

Between R and R on December 20, 2016, the term “the term “the term “the term “the term “a term” means the term “the term “the term “a term” (hereinafter)” among the term “the term “the term “the term “a term” in the term

(2) On January 2, 2017, the Plaintiff and America concluded a contract for construction works with R to add the cost of construction to KRW 130,00,000 (including value-added tax) and KRW 47,960,000 (including value-added tax) for the total construction cost of KRW 17,960,00,00, and KRW 47,960,000 for the second construction cost (including value-added tax) with the construction period from January 2, 2016 to January 20, 2017. (2) The Plaintiff and S paid the remainder of the construction cost to pay the construction cost within 5,00,000 after the commencement of the construction project within the period from January 2, 2017 to January 25, 2017.

C. On March 9, 2017, the Plaintiff entered into a construction contract with the Defendant on March 9, 2017 (hereinafter “instant construction contract”) with the aggregate of KRW 103,782,00 (excluding value-added tax) and KRW 43,60,000 (excluding value-added tax) for the first construction project as to the second construction project and KRW 10,000 (excluding value-added tax) and received payment from the Defendant on March 9, 2017.

1 On May 1, 2017, T is entrusted to the Plaintiff with the construction of a singinging, cooking, etc. in the F building by the Plaintiff on January 6, 2017 and sent a written estimate of KRW 11,476,300.

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