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(영문) 수원지방법원 2017.06.16 2015가합69825
공사대금등
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. Basic facts

A. 1) Defendant B Co., Ltd (hereinafter “Defendant Company”)

On March 11, 2009, Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”)

(D) The installation of soundproof walls among D road works (hereinafter “instant construction”).

2) Defendant C is the actual operator of the Defendant Company, who was awarded a subcontract in KRW 3.32 billion, and Defendant C is the actual operator of the Defendant Company. On April 24, 2009, the Plaintiff Company entered into a contract with the Defendant Company for the installation of the soundproof walls (hereinafter “instant subcontract construction”).

(2) The Defendant Company and Hyundai Construction receive a sub-subcontract in the amount of KRW 2.30 million (2) on June 23, 2009; 380,1700,000,000,000) through a modified agreement on the instant construction;

8. November 7, 11.77,7660, KRW 72,204,00 on November 25, 201 of the same year, KRW 65,9780,00 on November 18, 2010, KRW 5.399,000 on December 5, 201 of the same year, KRW 46,387,00 on December 29, 201, KRW 51,876,00 on December 31, 201, KRW 38,000 on February 38, 201, and KRW 528,00 on February 29, 2012.

3) On March 27, 2012, Nonparty E, who is the actual operator of the Plaintiff Company, drafted a written agreement with Defendant C on March 27, 2012, under which the Plaintiff Company agreed to the payment of the instant subcontracted construction work to the Plaintiff Company at KRW 246,742,00, not changing the content. However, only a part of the phrase was modified and finally revised, and the content of the agreement is as follows (hereinafter “instant agreement”).

The Defendant Company has drawn up the above agreement. The Defendant Company paid the above amount in accordance with the above agreement. In the adjustment of claims and debt amounts between the parties under the agreement, this agreement shall be mutually agreed as follows, and this agreement shall be drawn up as evidence of objection. 1. The Plaintiff Company’s agent (the actual manager and husband E)

2. Defendant C, the representative director of the Defendant Company

2. A The aggregate amount of 3 cases of Dmersh fences (5,445,000) Dmersh fences (25,938,000) in the amount of the tax invoice issued A, which is the sum of DHandbs (57,519,00).

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