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(영문) 대구지방법원 2017.11.10 2015가합4256
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant ADD Construction Co., Ltd. (hereinafter “Defendant AD Construction”) entered into a contract with Defendant ADPP Co., Ltd. (hereinafter “Defendant ADPP”) on April 19, 201 for the supply and demand of KRW 2,640,000 (including value-added tax) and around April 19, 2014, Defendant ADD Construction entered into a contract with Defendant ADP PPPP Co., Ltd. for the construction of a new factory (excluding the instant factory: telecommunications windows, glass, metal, plate, steel, steel and elevator construction separately, and all kinds of human input fees separately), including the part of the final construction contract determined by Defendant ADP PP PP Co., Ltd. (including the value-added tax) and around 35BL 1 LOT on the surface of the Daegu-gun PPP PPP PP PP (hereinafter “instant factory”).

(hereinafter “the entire construction work of this case”). (b)

Defendant In Vienna Construction subcontracted part of the entire construction work of this case to companies including the Plaintiffs, and the Plaintiffs supplied sewage to machinery and equipment and fire fighting work among the entire construction work of this case from Defendant Inenna Construction, and continued construction from June 2014.

C. The instant factory received a completion inspection of fire-fighting system installation around February 2015, and obtained approval for use on March 4, 2015.

The unpaid construction works among the construction works related to the new construction project of the A.a. A.D. A.D. system shall consult with the K.D. system on the date of mutual confirmation after completion of the review and assessment of the increase and decrease in the construction records and additional details.

Provided, That the project that has not been completed in the course of the project shall be completed within the designated deadline (5 days) of the Republic of Korea.

On January 28, 2015, the Plaintiffs and the Defendants drafted a commitment with the following content that Defendant AS would directly pay the accrued construction cost to the Plaintiffs.

The date of payment.

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