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(영문) 부산지방법원 2016.07.13 2015가합44925
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. On February 3, 2012, C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant for a construction contract, setting the remainder of the new construction project (hereinafter “instant new construction project”) as KRW 2 billion for the construction cost and the construction period from February 5, 2012 to October 30, 2013 (hereinafter “instant original contract”).

B. On April 1, 2013, the Plaintiff concluded a construction contract (hereinafter referred to as the “instant subcontract agreement”) with C to determine the construction cost of KRW 286 million as the construction cost and the construction period from April 1, 2013 to April 30, 2013 (the extension from this end to August 5, 2013) to which the Plaintiff would accept the said subcontract (hereinafter referred to as the “instant subcontract”).

Contract deposit of KRW 301,670,884 (excluding value-added tax) shall be paid at the time of the contract with energy funds.

The intermediate payment shall be paid for the entry of goods into the energy fund.

The balance shall be paid with the energy fund when the construction work is completed.

C. On the other hand, as of February 28, 2013 between the Plaintiff and the Defendant, a sales contract for the goods (hereinafter “instant sales contract”) with respect to the equipment, materials, and six items related to the instant system construction, as follows:

[Ground for recognition] A without dispute, A’s certificate of No. 1 (the defendant’s certificate of goods sales contract and the defendant’s certificate of the defendant’s seal affixed on the above sales contract is not a document which is not a document which is duly formed since it is not a document registered on the defendant’s seal affixed on the above sales contract, but a document which is actually formed. However, since the defendant also is a person whose seal affixed on the above sales contract is used by the defendant’s seal imprint, the authenticity of the document is presumed to have been formed

2. Assertion and determination

A. The Plaintiff asserted the parties 1 that the Defendant would receive a contract for the instant system construction cost of KRW 301,670,884, such as the instant sales contract entered.

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