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(영문) 서울중앙지방법원 2017.06.08 2016가단5099809
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “C”) (hereinafter “C”)

(D) and corporation D (hereinafter referred to as “D”)

(C) On November 16, 201, the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) constituted a joint supply and demand organization with the representative of C and with the investment ratio of C90% and D 10% as the joint supply and demand organization with the D 10%.

B) As to the construction period from November 30, 201 to March 18, 2014, the contract was concluded between the company and the company to execute the construction of the Incheon Nam-gu apartment complex as the construction cost of KRW 73,224,047,00 (i.e., increase of the construction cost of KRW 75,286,974,00 according to the design change, etc.) (hereinafter the above construction is referred to as the “original contract,” and the said contract is referred to as the “original contract,” and the said contract is referred to as the “original contract.”

(2) On October 14, 2013, the Plaintiff entered into a contract with C (D is added as a joint subcontractor on October 31, 2013) to perform construction works for the main household during the instant prime contract with a fixed period of construction from October 14, 2013 to May 222, 2014, respectively, and settled the final construction cost of KRW 2,488,840,000 on June 2014, after completing the instant construction works.

(hereinafter, the above construction is called “instant subcontracted project,” and the above contract is called “instant subcontract”). B.

On November 20, 2013, the Defendant B Cooperatives (hereinafter “Defendant Association”) entered into a contract with C to guarantee the payment of the instant subcontracted construction cost as the guaranteed amount of KRW 1,326,505,130, and the guarantee period from October 31, 2013 to August 20, 2014.

(hereinafter referred to as “instant payment guarantee contract”) c.

On January 22, 2014, the Plaintiff entered into an agreement on the direct payment of the subcontract price with C, D and Defendant Corporation on January 22, 2014 and entered into a general agreement on the terms of the agreement.

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