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(영문) 대구지방법원경주지원 2014.04.08 2011가단7409
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 May 1, 2011, the Defendant: (a) set the construction period from June 1, 2011 to September 30, 2011, the construction period of the multi-family house of 2nd floor C (80 square meters) on the ground of the Defendant’s racing owned by B (hereinafter “instant Housing Corporation”); and (b) transferred the ownership of D land owned by the Defendant at the time of racing owned by the Defendant in lieu of the payment of the construction cost; and (c) transferred the ownership of D land

(hereinafter referred to as “instant contract”). (B) The contract entered into between the Defendant and B regarding the instant housing construction project is called the “instant contract”).

On June 11, 2011, the Plaintiff subcontracted not only the instant housing construction (excluding civil works, appurtenant works, and landscaping works), but also the new construction works of multi-family houses (80 square meters) with the second floor D ground (80 square meters) in which the Defendant was to receive payment in lieu of the payment in lieu of the Defendant. At that time, the Plaintiff discontinued construction of the first floor (the first floor) of multi-family houses on the D ground of the racing-si, but did not receive progress payment until June 30, 201.

Construction period: Method of payment of 424,00,000 won (excluding value-added tax, and 2,650,000 won per deliberation) on June 15, 201, completion of November 14, 2011:

(a) Advance payment: No one;

B. (i) Payment of KRW 50,000,000 on June 30, 201; (ii) Payment of KRW 50,000,000 after completion of Doshesheshesheet construction works; and (iii) Payment of KRW 50,00,000 upon commencement of the works; and payment of balance within ten (10) days after completion of the works;

C. The Plaintiff or B does not resume the construction after the suspension of the construction as above, and the Plaintiff or B is in a state in which its whereabouts cannot be ascertained at present.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, 2, and 6, Eul evidence 1-1, 2, and 4-13, 15, and 16, or the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff brought KRW 42,493,140 into the 42,49,140, and asserted that the construction work of the first floor of the multi-family house D at the time of the racing and sought payment for the above construction cost as follows.

1. Direct claim for the subcontract price to the ordering person.

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