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(영문) 대전지방법원 2019.05.22 2017가합593
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 25, 2015, the Defendant: (a) contracted the construction of the Da-gun apartment (hereinafter “instant apartment”); (b) the construction cost of KRW 1,632,050,000 (including value-added tax) for the instant apartment (hereinafter “instant apartment”); and (c) on October 31, 2015, the construction period of the instant apartment (hereinafter “C”); and (d) concluded a contract with C Co., Ltd. (hereinafter “C”);

(hereinafter “instant construction contract”). B.

On April 20, 2015, the Plaintiff received a subcontract by C with the period fixed as the construction cost of KRW 243,000,000 (excluding value-added tax) and the construction period of April 20, 2016.

(hereinafter referred to as “first construction contract”). (c)

On September 7, 2015, the Plaintiff was awarded a subcontract for a funeral construction work among the instant construction works by fixing the construction cost of KRW 61,00,000 (excluding value-added tax) and by April 20, 2016 (hereinafter referred to as “second construction contract”); on the same day, the glass construction work among the instant construction works is KRW 45,00,000 (excluding value-added tax) and the construction period of November 30, 2015.

(hereinafter referred to as the “third construction contract”) and d. the instant subcontract is collectively referred to as the “third construction contract.”

On December 20, 2015, the Defendant entered into a contract for construction change with C, which extended the construction period of the instant construction contract by March 15, 2016.

E. The instant apartment was approved on June 30, 2016.

[Grounds for recognition: Evidence A Nos. 1, 4, 6, 7, 10 (including each number, if any); hereinafter the same shall apply

(i)each entry of evidence of Nos. 1, 4, 5, 18, 28, 39, and the purport of the whole pleadings;

2. On October 30, 2015, when C, the contractor of the instant construction, as of October 30, 2015, submitted a letter of waiver of construction to the Defendant, the Defendant: (a) requested that the Plaintiff, the subcontractor, pay the subcontract price directly; and (b) requested that the Plaintiff, the subcontractor, the E Association, the Defendant had been performing the construction fund loan.

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