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(영문) 수원지방법원안양지원 2014.12.04 2012가단18050
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B. Elecommunications Co., Ltd. (1) Hyundai Heavy Industries Co., Ltd. (hereinafter “instant Elecommunications Co., Ltd.”) contracted by Hyundai Construction Co., Ltd. from Korea Water Resources Corporation (hereinafter “instant Elecommunications Co., Ltd”).

A) On November 2010, upon receiving a subcontract, the Defendant entered into a blanket subcontract to the Defendant, and the Defendant does work to install part of the equipment and materials (hereinafter “the instant equipment and materials construction work”).

[Attachment-Added Tax] KRW 170,000,000 (excluding value-added tax; hereinafter the same shall apply) in the Hyundai Dwork System around December 8, 2010

2) The Plaintiff was awarded a subcontract for the installation of the instant equipment in the process of receiving a subcontract for the installation of the instant equipment from the Defendant, on the following grounds: (a) the Plaintiff had been engaged in the e-mail and equipment supply business in the name of the Company C; (b) the modern frequency system used the position that it is D of the modern frequency system at the time of accepting the contract for the installation of the instant equipment; and (c) the modern frequency system played a leading role in the process of receiving a subcontract for the installation of the instant equipment from the Defendant; and (d) the modern frequency system was subcontracted for the said construction from the modern frequency system to KRW 153,00,000.

B. As the Plaintiff actually proceeded with the process of installing the instant equipment and the process of installing the instant equipment and the process of paying construction cost, the Defendant paid KRW 170,000,000 to the Hyundai Dwork System from December 2, 201 to September 201. The Hyundai Dwork System paid KRW 153,00,000 to the Plaintiff.

C. In addition to the construction of the instant equipment, the Defendant placed an order for additional construction and the construction of the instant equipment in the Hyundai Network System (130,000,000 won for the manufacture and construction of equipment on December 1, 201, 200, 7,000,000 won for the supply and installation of equipment on February 13, 201, and 3,000 won for the installation of a water level observation station at the upper downstream on February 13, 2013, respectively.

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