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(영문) 대전지방법원 2013.12.19 2013가단12409
공사대금
Text

1. The plaintiff's main claim and the defendant's counterclaim are all dismissed.

2. The costs of lawsuit are due to the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The chemical banking building Co., Ltd. (hereinafter referred to as the “ chemical banking building”) entered into a contract with the Defendant for new construction works of the 5th and the 4th underground floors on the land in Daejeon Pungdong-gu B (hereinafter referred to as the “instant building”). On December 8, 2010, the Plaintiff (Co., Ltd.) and the said new construction works entered into a subcontract with the Defendant for the construction cost of KRW 520,000,000 for the fire-fighting works among the said new construction works (excluding value-added tax).

B. After having become aware of the fact that embankings were unable to enter into a fire-fighting construction contract among the new construction works of the instant building due to the lack of a license for fire-fighting system installation business, the Defendant entered into a contract on fire-fighting construction directly with the Plaintiff for the direct construction period (hereinafter “instant fire-fighting construction contract”) with the Plaintiff as “from December 8, 2010 to August 20, 201” and “520,000,000 won (value-added tax separate)” (hereinafter “instant contract”).

C. The part related to the instant case in terms of the contract document prepared at the time of the instant fire-fighting construction contract (the date of preparation of the contract shall be recorded retrospectively on December 8, 2010) and the general terms and conditions of the construction contract are as follows.

[Article 13 of the Contract Form 13] With respect to fire-fighting works omitted in the estimates for construction, "B" (the plaintiff in this case; hereinafter the same shall apply) shall be responsible and completed by carrying wage and materials, and no request for payment is made to "A" (the defendant in this case; hereinafter the same shall apply).

[Article 14 of the General Conditions of the Construction Contract (Terms of Special Agreement) 1. “B” shall be notified to the field officer and supervisor, and the designer of the fact that there is a difference between the design drawing and the related laws, or that the related laws are amended, and “B” shall be responsible for and completed without any more than one approval of the inspection, and the increase in the construction amount shall not be admitted

(2) Design drawings, project plans, standard specifications, special specifications, etc. shall be executed, and they shall be executed.

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