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(영문) 대전지방법원 2015.10.28 2013가합8216
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 14, 2012, the Plaintiff concluded a construction contract with the Defendant to conclude a contract with the content that the Plaintiff will accept a subcontract for the first construction work (hereinafter “the first construction work”) as part of the Korea Rural Community Corporation (hereinafter “the second construction work”) among the water supply improvement projects in the Sung-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si-

At this time, the plaintiff and the defendant agreed to be directly paid from the ordering place on the basis of the weather test price.

On December 30, 2012, the Plaintiff and the Defendant concluded a modified contract with the content that the construction cost shall be increased to KRW 846,460,000 (hereinafter “instant primary construction contract”).

The Plaintiff completed construction under the instant construction contract. Accordingly, around December 2012, the Defendant claimed a direct payment of KRW 846,460,000 with respect to the portion of the instant primary construction project at the ordering office. The Plaintiff received all of the aforementioned KRW 846,460,000 from the ordering office (the actual payment of KRW 566,460,000,000) around that time.

Around March 2013, the Plaintiff entered into a construction contract with the Defendant to accept a subcontract with regard to the secondary construction cost of the instant soil works (hereinafter “instant secondary construction works”) from the Defendant, with regard to the construction cost of KRW 536,668,00, and the construction period from March 13, 2013 to December 20, 2013 (hereinafter “instant secondary construction contract”).

Around June 2013, the Defendant: (a) set the amount of the instant secondary construction works executed by the Plaintiff at KRW 155,430,00; and (b) claimed direct payment of the said amount to the ordering office; (c) around that time, the Plaintiff received payment from the ordering office of KRW 155,430,00 (the actual payment of KRW 56,476,00,000).

The defendant from July 2013.

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