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(영문) 대구지방법원 2018.06.29 2016가단126699
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff is a person who runs a construction business of general facilities and structures with the trade name of “C” as his/her business and is a new construction corporation E (hereinafter “new construction corporation”) located in Busan Metropolitan City, where the Defendant is performing construction business around December 2012.

Of the machinery and equipment and fire-fighting facility works (hereinafter referred to as “this case’s machinery and equipment works, etc.”).

(2) While the Plaintiff was awarded a subcontract with the Defendant for the construction cost of KRW 58,00,000 for the construction cost of the instant machinery works, the Plaintiff was awarded a subcontract with the Defendant for the construction cost of KRW 24,751,450 for the E-site civil engineering and landscaping works (only the instant civil engineering works, etc.), and agreed to receive KRW 1,168,500 from the Defendant to receive KRW 1,168,50 for the supply of materials due to the damage to a septic tank (only the cost for the damage to the septic tank). The Plaintiff was awarded a subcontract for the construction cost of KRW 33,604,00 for the ventilation duct and the water supply pipe (only the instant ventilation, etc.) and was awarded a subcontract for the construction cost of KRW 33,604,00.

3) As above, the construction cost executed by the Plaintiff is a total of KRW 114,772,50 (the price for the instant machinery works, etc., the price for the instant machinery works, etc., the price for the purification work, the price for the materials damaged by septic tanks, and the total price for the instant ventilation duct, etc., shall be KRW 117,523,950 on the calculation basis). The Defendant paid KRW 93,200,000 for each of the above construction cost, and did not pay KRW 21,572,500 for the remainder. Accordingly, the Defendant sought a judgment as stated in the purport of the claim. (B) The part of the construction and dispute recognized by the Defendant is that the Defendant concluded a construction contract for the instant machinery works, etc. and concluded a construction contract for the instant civil works, etc. in KRW 24,751,450 for the construction cost.

In addition, the price of the damaged materials of the septic tank is not the construction cost to be borne by the defendant, and the water supply system construction, which is the ventilation duct and the production duct, among the construction works of the instant ventilation duct, was implemented by the plaintiff, but the water supply system has not been executed by the defendant, and the construction cost is also 33,604.

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