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(영문) 서울중앙지방법원 2017.02.16 2015가합561736
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

on March 13, 2013, Liberian Construction Co., Ltd. (hereinafter referred to as "Tasan Construction") newly constructed "Saland Saland Marian hotel" on the 8th land of Seopopo City, Seopo City, 1201, and on the 1201, Seopo City, Seopo City, Sariwon Co., Ltd. (hereinafter referred to as "Lariwon") as "the instant construction work."

on March 15, 2013; the date of completion; September 30, 2014; the construction cost of 22,952,600,000 won (including value-added tax) as the date of commencement; and

hereinafter referred to as "the contract of this case"

(2) On March 26, 2013, the Defendant: (a) on March 26, 2013, the Dudwon entrusted the said hotel site to the Defendant; and (b) on March 26, 2013, the Dudwon entrusted the instant construction; and (c) completed the instant construction; and (d) sold-type land trust contracts with the Defendant to sell

AB concluded the agreement.

On April 26, 2013, according to the instant trust agreement, the Defendant and the Dogwon entered into a contract for the succession of the construction contract with the content that the status of the contractor of the instant contract is changed from the Dogwon to the Defendant.

On October 15, 2013, the Plaintiff’s “the facility works of this case during the instant construction works” shall be “the facility works of this case.”

) As to the commencement date of the subcontract, KRW 1,221,00,00 (including value-added tax; hereinafter referred to as the "subcontract") shall be referred to as the "subcontract of this case" on October 15, 2013; and September 30, 2014 as of the completion date; and

AB concluded the agreement.

After that, on September 30, 2014, the Plaintiff entered into a modified contract with the content that the deadline for completion shall be extended to November 26, 2014; and on November 26, 2014, a modified contract with the content that the construction cost shall be increased to KRW 1,298,000,000, respectively.

The Plaintiff completed all of the instant installation works pursuant to the instant subcontract, and received, in cash or in bill, KRW 1,292,50,000 as the total amount of the construction cost of the instant installation works from January 2014 to January 7, 2015, from 12 times in total.

However, November 2014.

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