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(영문) 대전지방법원 2018.11.15 2018나102889
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant's contract for apartment construction work against C Co., Ltd. 1) the defendant (hereinafter "the defendant company") is also the defendant company.

(C) On November 18, 2014, C Co., Ltd. (hereinafter referred to as “C”)

B) As between the Defendant Company and C, the Defendant Company is “instant apartment” (hereinafter referred to as “instant apartment”).

) 2,595,075,000 won (the above construction cost was changed to KRW 2,610,415,000 (including value-added tax; hereinafter referred to as “value-added tax”) under the contract for contract changes between the Defendant Company and C on December 26, 2014.

[] Upon entering into a contract for construction work with the content of the contract for construction work as the contract cycle (see the evidence No. 26, 27, and evidence No. 5) C of the above construction work, C of the above construction work was suspended at the completion of the construction work up to the eighth floor of the apartment of this case

(See Evidence No. 4, Evidence No. 11, 17). (b)

Defendant E Co., Ltd. (hereinafter “E”) 1) Defendant Co., Ltd. (hereinafter “E”) on March 25, 2015

B) From October 30, 2015, the Defendant Company contracted the instant new apartment construction work to E (including value-added tax) and entered into a contract for the construction work with E to complete the said construction work by October 31, 2015. On October 30, 2015, “E waives the progress of the instant new apartment construction work” written a memorandum of waiver of the construction work (Evidence 3 and 6). However, on December 31, 2015, the construction period, “from October 31, 2015,” including “from 00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

(b).

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