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Reasons
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(영문) 수원지방법원 2016.01.12 2015가단100071
약정금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 8, 2013, Gyeongnam Enterprise Co., Ltd. (hereinafter referred to as “Gyeongnam Enterprise”) entered into a subcontract with the Plaintiff for the construction amount of 324,500,000 construction amount for earth and sand and incidental civil works (B) among the new construction works for B and 1 B, and for the construction period from April 8, 2013 to January 31, 2014. There is no evidence to inform the Plaintiff of the construction amount and the construction period of the said subcontract for soil and incidental civil works (C) among the new construction works for B and 1 B and 1 B.

AB concluded the agreement.

§ 7-1,4,5, and witnesses D.

B. (1) On May 8, 2013, Gyeongnam Company entered into a subcontract with the Plaintiff and the Defendant on the amount of 415,690,00 construction cost for soil and auxiliary civil engineering works (C; hereinafter “C”) among new construction works for B and B (BL), and between April 8, 2013 and January 31, 2014, Plaintiff 44.3% of the equity ratio, and Defendant 5.7% of the construction cost on January 31, 2014; the said subcontract was modified from April 8, 2013 to May 31, 2014 by 58,50,000, and the construction period from April 8, 2013 to May 31, 2014; and Plaintiff 50,28% of the equity ratio, and Defendant 49.7% of the construction cost.

On May 8, 2013, 1-1, 7-5. (2) Gyeongnam Enterprise entered into a subcontract with the Plaintiff and the Defendant with the amount of 594,00,000 construction cost for earth and military works (hereinafter “B”) among the new construction works for B and 1 B, and the construction period from April 8, 2013 to January 31, 2014; Plaintiff 54.63% of the equity ratio; and Defendant 45.37% of the construction cost on October 31, 2013; and Plaintiff 2 was modified from April 8, 2013 to January 31, 2014 (the Plaintiff’s share was 594,000,000, and construction period was 00,000 won until January 31, 2014 (the Plaintiff’s share was 10,013.5% until January 31, 2014).

The construction of this case by combining C and B shall be referred to as "the construction of this case", and each of the above subcontracts shall be referred to as "the construction of this case".

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