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(영문) 인천지방법원부천지원 2014.10.29 2014가합535
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. Modern Construction Co., Ltd. (hereinafter “Modern Construction”) contracted the OKYC terminal construction from OKYC Co., Ltd. (hereinafter “OKYC”), and entered into a contract with a German company for the construction of the construction of the Red Sea Sea Bacono Aminum ZbH (hereinafter “Badon”) which is part of the above tank terminal construction (hereinafter “the instant construction”). The Defendant was awarded a subcontract for the construction of the Red Sea Baz. (hereinafter “the instant construction”).

B. After that, on December 12, 2011, the Plaintiff re-subcontracted the construction cost of the instant construction work for the Red Sea (excluding value-added tax) from the Defendant during the period from December 12, 201 to July 31, 2012, the Plaintiff paid the payment for the completion by the 15th day of the following month after the completion inspection of the period from December 12, 2011 to July 31, 201, and again supplied the Plaintiff with the materials necessary for the said construction. If the Defendant’s supply of the materials is delayed, the Plaintiff agreed to claim additional construction cost from the Defendant if the supply of the materials is delayed.

(hereinafter referred to as “the ground for recognition”), Gap evidence No. 1, Eul evidence No. 13, and the purport of the whole pleadings, and the purport of the whole pleadings, as alleged in the ground for recognition.

2. The remaining part of the claim for construction price

A. The Plaintiff asserted that the establishment of the Red Sea was completed on April 12, 2013, and the Defendant paid to the Plaintiff KRW 27,246,00 (the Plaintiff expressed that the payment was completed, but the Plaintiff expressed that the payment was completed, on the premise that the Plaintiff completed all of the establishment of the Red Sea was completed, the Plaintiff’s claim for the payment of the remainder of the construction cost that was not paid by the Defendant still. Thus, the Plaintiff’s claim for this portion is purported to seek payment of the construction cost that was not paid from the Defendant (hereinafter “the construction cost”).

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