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(영문) 수원지방법원 2018.02.01 2017나9845
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence of 1 to 4, and Eul evidence of 1 to 4 (including each number; hereinafter the same shall apply), respectively, by integrating the whole purport of the pleadings:

On March 2013, Sin&C Co., Ltd. (hereinafter referred to as “Sin&C”) entered into a contract for construction work between Ethnex Co., Ltd. (hereinafter referred to as “Ethnex”) and Ethy’s (hereinafter referred to as “Ethn”) with Ethnex, under which Ethn C&C newly constructs a house for electric power generation in Pyeongtaek-si B (hereinafter referred to as “instant new construction work”), with an agreement of KRW 850,00,000 for construction cost for earth, structure and ancillary civil construction work, and subsequently, the Defendant succeeded to the status of the contractor under the said contract for construction work.

B. At around April 2013, EN Pus entered into a subcontract for construction works with EN Pus C with an agreement that the construction cost for soil works, structures and auxiliary works under the said contract shall be KRW 250,000,000 for the construction cost of the earth works, structures and auxiliary works under the said contract.

C. C according to the said construction subcontract agreement, from April 2013 to June 10, 2013, and from November 201 to December 2013, 2013, construction of civil engineering works, structural construction works, and retaining walls at the site of the instant new construction works.

From May 2013 to June 2013, the Plaintiff carried out the business of cleaning roads, etc. and removing dust (hereinafter “instant service”). Accordingly, the Plaintiff paid KRW 2,00,000 out of the service price on February 6, 2014.

2. Summary of the parties' arguments;

A. The plaintiff is equivalent to KRW 7,000,000, at the request of the defendant.

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