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(영문) 대전지방법원서산지원 2016.11.09 2016가단3050
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. On June 1, 2015, the Defendant, who runs a construction business under the trade name of D, issued a contract to E with the cost of construction KRW 352 million (including value-added tax) and the construction period from June 3, 2015 to September 3, 2015.

(hereinafter referred to as “original contract”) between the Defendant and E.

Since then, E had ordered the Plaintiff to subcontract the steel frame and the board construction among the F New Construction Works, and prepared a subcontract agreement between the Plaintiff and the Plaintiff on August 25, 2015 with the following contents:

Contract for Construction Works (Change 1)

1. Construction name: Iron works among F-built construction works;

3. Construction period: Amount of contract (including additional taxes) between June 9, 2015 and September 4, 2015: 30,591,000 won calculated by adding the amount of original contract to KRW 77 million.

5. Advance payment 1): The remainder of 35 million won for the part payment: The remainder of 40% payment before the entry into the field of the materials: The remainder payment shall be made within one week after the establishment of steel frame is completed;

C. Meanwhile, the Plaintiff holds a standard subcontract agreement for construction works (No. 2, hereinafter “instant contract”) prepared in the name of the Defendant as follows.

Standard Subcontract Form of Construction Works

1. Construction name: F new construction works (Iron/glls);

3. Construction period: The value of supply of KRW 198 million from June 18, 2015 to September 4, 2015: Value-added tax of KRW 180,000,000 (value-added tax of KRW 70,000,000 in steel frame, KRW 110,000 in the board board): The amount of value-added tax of KRW 180,000: the subcontractor on June 18, 2015: The plaintiff (person): The plaintiff (person) [based] has no dispute; the statement in subparagraphs 1, 4, 1, 2, and 4; the witness E testimony; the purport of the whole pleadings;

2. The parties' assertion

A. After entering into a contract with Plaintiff E on June 18, 2015, the Defendant entered into a contract for a prime contractor, and entered into a contract with the Plaintiff on June 18, 2015 with the Plaintiff on KRW 180,000 for the construction cost of the steel frame and the steel panel among F new construction works (excluding KRW 70,000,000,000,000,000,000,000 won, and value-added tax).

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