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(영문) 대전지방법원천안지원 2016.01.28 2015가단15388
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a construction business operator who operates human resources and equipment supply business in the name of B with respect to the decommissioning of plants and construction work, and the Defendant is a corporation that purchases heavy plants and engages in the export business overseas.

B. On August 15, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant on the construction cost of KRW 12,500,000 of the construction cost and the construction period from August 15, 2014 to August 30 of the same month (hereinafter “instant construction contract”). The construction contract offered by the Plaintiff included “A/P machinery dismantling work, container container dismantling work, container container parking work, SGS inspection prior to the shipment (PS inspection)” under the name of the aforesaid inspection by SGS companies, which are multi-national companies, in charge of the inspection. The construction work and name plate work, dismantling work, personnel expenses and all equipment leasing for container loading.”

C. On October 2, 2014, the Plaintiff agreed with the Defendant to pay KRW 8,000,000 in total as well as the amount of the existing construction cost and the amount of the additional construction cost in the sex field where the construction and work have been suspended in the field of construction and work in question, which was implemented by the Plaintiff under the instant construction contract (hereinafter “instant agreement”) on the following grounds: (a) the Plaintiff agreed to pay KRW 2,000,000 by the fifth day of the same month the amount of KRW 2,00,000 until the same month; and (b) the remainder of KRW 4,00,000,000 by the 8th day of the same month; and (c) the amount of KRW 2,00,000 prior to the shipment of the last container (hereinafter “instant agreement”).

After the conclusion of the instant agreement, the Defendant paid KRW 2,00,000 on October 4, 2014, and KRW 2,000,000 on the 10th of the same month to the Plaintiff. Since then, a dispute arises between the Plaintiff and the Defendant in relation to waste treatment and the payment of the balance, and thereafter, a dispute arises between the Plaintiff and the Defendant on October 31, 2014.

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