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(영문) 서울서부지방법원 2015.11.19 2015가합30053
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 person operating a specialized construction business, and the Defendant is a company that aims to remove buildings.

B. On October 1, 2013, the Defendant entered into a contract with the Plaintiff on the construction cost of KRW 2,00,000,000 (excluding value-added tax) and the subcontract period from October 1, 2013 to July 31, 2014 (hereinafter “instant contract”).

On the other hand, the Korea New Technology Corporation awarded a subcontract to the Defendant by Sung Fran loan Co., Ltd., and Sung Fran loan Co., Ltd.

The instant contract contains the following contents:

The contract of this case

3. Contract amount and contract quantity 2) Contract amount: (1) The detailed business details of the cultivation (2) of upper slabbs figures (3) and wells shall be subject to contract special terms and conditions, if necessary; (4) advance payment: 100,000,000 won: monthly closing and Chinese public service payment shall be in accordance with the schedule prepared mutually; (9) all construction works (the upper limit shall correspond to special terms and conditions) including personnel expenses, material expenses, expenses, and other expenses necessary for the implementation of the contract details within the scope of the construction project;

) Attached to Article 26 (Contract Scope, Special Conditions for Contract) of the General Contract Terms in the instant case, “Contract SCOPE (Contract Special Conditions)” (see e.g., Special Conditions for Contract) 1 type 4 temporary materials of the personal support system for the production, assembly, installation, dismantling, transportation 6 or 7 temporary materials, 8 on-site office, 9 on-site office, 8 on-site office employees, such as mobilization and operation of the special conditions for the instant contract, including Plaintiff 1’s electric power plant, water, office site supply 2, and 3 on-site work.

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