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(영문) 제주지방법원 2015.01.15 2014가합396
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2011, the Defendant entered into a subcontract with the medical corporation incorporated by the Central Medical Foundation for the construction of a new Jeju District Development Project for the Central Hospital. On April 5, 2012, the Defendant entered into the subcontract by setting the period of construction of the instant construction project as 2 billion won and the cost of the instant construction project between the EFC Co., Ltd. (hereinafter “EF”) and EFC (hereinafter “EFC”) as 150 days from the date of the contract.

B. On the same day, the Defendant entered into a contract for the alteration of the construction work subcontract (hereinafter “subcontract”) with EFC and EFC (hereinafter “A”) with EFC and E (hereinafter “A”) on the condition that EFC will take charge of the subcontracted part, and on August 10, 2012, EFC will take charge of EFC. On the other hand, on August 10, 2012, the CF entered into a contract for the alteration of the construction work (hereinafter “EF”) with EF with EF, setting the CF as 1.85 billion construction cost during the instant construction work, and the construction period as 1.5 billion won during the first contract period, and on the same day, EFC entered into a contract for the alteration of the construction work (EF) by setting the period from 150 days after the date of the first contract.

C. On September 18, 2012, the Defendant entered into a subcontract agreement with A, setting the construction cost of KRW 139,700,000 of the construction cost during the instant construction project, and the construction period from September 18, 2012 to October 20, 2012.

A, October 9, 2012, 2012, written a written waiver of construction work (Evidence 4) between the Defendant and the Defendant, with the following content:

The cancellation of the construction works: No civil or criminal objection shall be raised against the waiver of the construction “including s 139,700,000/V.A.T.” of the “total contract amount” of the construction of the new construction of the New Jeju District Branch of the Central Hospital.

However, the materials currently placed in the order or on-site shall be submitted as the settlement terms and drawings (including the shop drawings and construction data) on the basis of the transaction specifications and tax invoices.

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