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(영문) 수원지방법원 2019.05.30 2017가합24659
추가 공사대금 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of interior design business, interior building business, etc., and Defendant C is a business owner in the name of F in the name of Heung-gu E (hereinafter “instant hotel”), and Defendant D is the actual business owner who actually operates the instant hotel as the birth of Defendant C.

B. On June 10, 2016, the Plaintiff and Defendant C entered into a contract for interior construction of the instant hotel (hereinafter “instant contract”) with respect to the instant hotel (hereinafter “instant construction contract”), and the relevant construction works were as follows. Of the terms and conditions of the contract, the parts relating to the instant case are as follows.

On September 30, 2016, September 14, 2016, the date of the commencement of the G Construction Contract for Indoor Building Construction Contract (A), the contractor F contractor (B) and the Plaintiff’s contractor (F contractor) claiming the down payment of KRW 36,300,000,000, including value-added tax (1,210,000,000) for the contract price for the construction work on September 30, 2016.

Article 2 (Cooperation of A) (1) of the part payment at the time of the completion of the part payment (the part payment shall be submitted to A within seven days from the date the contract is concluded, along with the following documents:

1. A copy of a contract agreement (including a modified contract);

2. A construction statement clearly stating the volume of construction, unit cost, and construction cost;

3. Article 3 (Construction, etc.) (1) of the Estimated Work Schedule (Submission as Necessary) Section B shall be constructed in accordance with the terms and conditions of the said contract and the design documents;

(2) Eul shall prepare a schedule for construction works and perform the construction works equivalent thereto with the approval of Gap.

(Submission as Necessary) Article 14 (Change or Suspension of Construction) (1) A shall deliver to B in advance a modified contract, etc. where the contents of the construction are changed or added or where the construction is temporarily suspended for all or part of the construction due to its design change, etc.

(2) A shall increase the volume of construction works additionally built by B under the direction of A.

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