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(영문) 수원지방법원평택지원 2017.10.18 2017가합8922
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The Defendant entered into a subcontract for construction works between the Plaintiff and the Defendant, with a contract for the construction works for the construction works for the land for canal and canal and canal and canal and canal and the new construction works for the land for death from the development of the Seo Sea Industry (hereinafter referred to as the “Se Sea Industry Development”). On May 29, 2015, on May 29, 2015, the construction period for landscaping construction works and packing drainage works was determined from May 29, 2015 to November 10, 2016, and 500 million won (excluding value-added tax) to

The Plaintiff and the Defendant added the construction work details on January 26, 2016, and changed the construction period from May 29, 2015 to February 20, 2016, and the construction work amount to KRW 558,090,909 (excluding value-added tax).

(2) The Plaintiff, the principal contractor, and the ordering person agreed that the construction cost of the instant case should be paid directly to the Plaintiff on January 2016, 2016, including the direct payment agreement between the Plaintiff, the Defendant, and the Western Industrial Development.

(2) At the time of the conclusion of the original contract and the instant contract, the Plaintiff prepared a letter of commitment to the Defendant that “The Plaintiff shall execute the construction in preference to the Defendant even if the payment of the construction cost is delayed in the development of the Yellow Sea Industry, and only if the construction cost is to be paid to the Defendant in the development of the Yellow Sea Industry.” At the time of the conclusion of the original contract and the instant contract, the Plaintiff shall prepare a letter of commitment to the effect that “The Defendant shall confirm that all matters related to the instant construction would not

(hereinafter referred to as the “instant undertaking”). [Attachment 1] A] without dispute, each entry of Gap evidence 1 and Eul evidence 1 through 3 (including each number), and the gist of the argument in the whole purport of the pleading, the plaintiff's summary of the argument was paid to the plaintiff only 400 million won out of the construction cost of this case 613.9 billion won (including value added tax). Thus, the remainder of the construction cost is the construction cost.

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