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(영문) 광주지방법원 2020.12.17 2019가합54981
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of electricity, fire fighting, telecommunication, etc., and the Defendant is a company with the objective of construction business, etc.

B. The Defendant entered into a subcontract between the Plaintiff and the Defendant from February 2015 to March 2016, the Plaintiff entered into a subcontract with the Plaintiff to subcontract to the Plaintiff the electricity, fire fighting, and telecommunications construction among the several construction works that the Defendant contracted five times as follows:

On February 2015, 12015, the contents of the subcontract agreement on the date of the agreement: The name of the C subcontracted Corporation: The contract was concluded to change the content that the contract amount shall be increased to KRW 458,190,000 on June 23, 2015, from February 12, 2015 to June 30, 2015, for the E-work period: from February 12, 2015 to June 30, 2015, the E-work period: 458,190,000.

hereinafter the above construction work is referred to as “the First Corporation.”

2. The name of the subcontracted project owner on December 29, 2015: The name of the subcontracted project owner: The area of electricity, communications, and fire-fighting construction from among the construction of new G 00 apartment units in Nam-gu in Gwangju-gu: the contract amount from January 1, 2016 to February 28, 2017: the contract amount from January 1, 2016 to February 28, 2017: the said construction amount not exceeding KRW 351,530,000.

3. The name of H subcontracted project owner on December 29, 2015: The name of H subcontracted project owner: The area of electricity, telecommunications, and fire fighting project among the construction works of new 100 apartment houses in Nam-gu in Gwangju, Nam-gu: the contract amount between January 1, 2016 and February 28, 2017: the contract amount from January 1, 2016 to February 28, 2017: the said construction project does not exceed KRW 38,177,000, “the third project.”

4. On March 8, 2016, the project owner: The name of the J subcontracted project: The construction period for electricity, fire fighting, and communications construction among the construction for the new construction of the Kown-gun in Chungcheongnam-do (Ldong): The contract amount of KRW 481,300,000 on December 5, 2016 was concluded to increase the contract amount to KRW 597,578,180 on December 5, 2016, from March 8, 2016 to December 31, 2016.

hereinafter the above construction work is referred to as “instant 4 construction work.”

5. A project owner around March 2016:

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