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(영문) 대구지방법원 2020.10.23 2019가합200120
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a corporation that operates a construction business, and the Defendant is a person who promoted a new construction business of a building indicated in the attached Table 1 as indicated in the attached hereto (hereinafter “instant building”).

B. The Defendant concluded a construction contract and terminated 1) on June 30, 2017 between the Defendant and C (hereinafter “C”) and the Defendant Company C (hereinafter “C”).

(2) On July 1, 2017, the date of commencement of the construction project of the instant building: The date of completion on July 1, 2017: the contract amount on November 30, 2017: KRW 883,300,00 (the supply price of KRW 803,00,000, the value of KRW 80,300,000), and the Defendant entered into a contract on the modification of the construction project with C on July 19, 2017.

Article 1 (Definitions) This Agreement is a modified contract for "Dwork Contract" (hereinafter referred to as "original contract") signed on June 30, 2017.

Article 2 (Amendment of Contracts) Amendment to Original Contracts shall be as follows:

Each provision of the original contract, which is not agreed to be modified in this contract under Article 3 (Application Mutatis Mutandis of the original contract) on July 1, 2017 to November 30, 2017 due to the modification of the construction cost due to the modification of other matters from July 1, 2017 to November 30, 2017, shall remain effective.

3) On September 28, 2017, the Defendant and C drafted “Agreement on the Waiver of Construction” with the following contents, and C was no longer involved in the construction of the instant building. The settlement amount: KRW 144,540,00 (Opening) cannot be accepted for the Defendant’s request for change of ordering person due to the Defendant’s financial institution loan problems, and thus, the Defendant and C waives the remaining construction after September 22, 2017. (Adjustment; 1) It confirms that the amount of other agreements included all construction costs from the commencement of construction to the settlement of accounts, and the Defendant and C thereafter.

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