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(영문) 인천지방법원 2015.05.13 2014가합8994
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. The plaintiff is a company that conducts landscape and lighting design business, and the defendant is a company that conducts advertising planning business, etc.

Nonparty B is the Defendant’s representative C’s child who actually operates the Defendant Company, and Nonparty D is the joint representative director of Nonparty E Co., Ltd. (hereinafter “E”) and the shareholder of Nonparty E Co., Ltd. (hereinafter “E”).

B. On January 8, 2014, the Defendant entered into a joint project agreement with Ains Co., Ltd. (hereinafter “Ains”) for landscape lighting under the name “G” in the name of Jinsasi-si, Seocheon-gu, Seocheon-si, Seoul.

C. On February 3, 2014, the Plaintiff entered into a contract with the Defendant to supply sewage by determining the landscape lighting works of the saidG (hereinafter “instant construction works”) from February 7, 2014 to March 20, 2014; the contract period is from February 7, 2014 to March 20, 2014; the contract period is KRW 330 million (including value-added tax); and the warranty period is two years from the date of completion of the construction (one year for sewage LED); and “the first contract for the construction business; hereinafter referred to as “the first contract”).

d.

Along with the Defendant’s financial difficulties, the Defendant agreed to cancel the agreement on the joint project for landscape lighting with Amanman and Amanman on February 4, 2014 to conclude the same agreement on the joint project for landscape lighting with E and Ains. On February 8, 2014, the agreement was entered into between E and Ains on February 8, 2014. The contract date stated on January 8, 2014 as the contract date with the Defendant.

E. Accordingly, D, a shareholder at the time of E, requested the Plaintiff to prepare a new contract in the name of E. The Plaintiff and E, on February 5, 2014, partially modify the project owner’s payment of the construction cost only to E, part of the intermediate payment and the time of payment of the construction cost, and the terms of other contracts are the same as that of the first contract, and the construction business standards are concluded when concluding the contract.

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