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(영문) 서울중앙지방법원 2017.09.28 2016가합529104
구상금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1 Conclusion of the instant contract (hereinafter “instant construction”) between the Plaintiff (i) and the Nonindicted General Construction Co., Ltd. (hereinafter “Nonindicted General Construction Co., Ltd.”) (i., Ltd. (hereinafter “Nonindicted General Construction Co., Ltd.”) in the name of “construction of Ctachip” in June 5, 2013) and the MalaNC Co., Ltd. in the name of the Defendant on July 30, 2012, the term “(tentative) A Regional Housing Association

(B) the contract for construction works was entered into with the content of the joint supply and demand, and the corporation B (hereinafter “B”).

(A) The Plaintiff and C jointly and severally guaranteed the Defendant’s obligation for the construction cost under the said construction contract. The main contents of the said construction contract are as follows: (tentatively named) the location of the construction work for a model house for the district housing association A: D scope of the construction work: 1,199,00,000 won: the construction cost for the construction of a model house in the indoor space after the completion of the E hotel extension work: from August 6, 2012 to October 20, 2012: (a) the Plaintiff and the Defendant alone stated the recipient in the construction contract under the said paragraph (i) from August 10, 2012 to October 30, 2012; (b) the construction period is from the date of completion of the construction contract to the date of completion of the construction work; (c) the Plaintiff’s method of payment for the construction cost is to submit 00% of the total construction cost to the Defendant; and (d) the Plaintiff appears to have submitted 00% of the amount of the construction contract to the Defendant’s 000.

B) On September 26, 2012, the Plaintiff entered into the instant subcontract and the instant lawsuit. (B) On September 26, 2012, the Plaintiff entered into a subcontract with G operating F and the instant construction period of KRW 236,50,000 for construction cost as to the steel frame part of the instant construction, and the period from September 26, 2012 to October 30, 2012 (hereinafter “instant subcontract”). G.

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