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(영문) 창원지방법원 2020.06.11 2019나59858

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is performing water supply and drainage facilities and pipes construction, etc. in the trade name of “C”.

B. The Defendant entered into a contract with D Co., Ltd. for a new construction of two and five lots of land-processing plants and five lots of land-processing plants and neighborhood living facilities, and implemented the said construction.

(hereinafter “instant construction project”). 【No dispute exists, A’s evidence No. 1, the purport of the entire pleadings, and the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff asserted that the construction was suspended while the construction was subcontracted to the Defendant at KRW 97,50,000 for the construction cost of machinery and equipment works, fire fighting works, and piping works among the instant construction works.

At the time of the discontinuance of construction work, the Plaintiff agreed to the construction cost of KRW 32,680,000 on the basis of the Defendant’s agent F with the Defendant’s agent F and the Plaintiff’s agent as KRW 30,00,000.

Therefore, the defendant should pay the plaintiff the above construction cost of KRW 30,000,000 and damages for delay.

B. The defendant's assertion is not proper to conclude a subcontract with the plaintiff, and thus, he is not liable to pay the construction price to the plaintiff.

It is unclear whether the Plaintiff was doing construction at the construction site of this case, and the amount of the construction cost does not reach KRW 30,000,000.

3. Determination

A. According to the statements in Gap evidence 7-2 and the testimony of party witness F, it is recognized that the plaintiff and the defendant entered into a subcontract. ① The plaintiff executed part of the installation work at the construction site of this case; ② The F subcontracted the construction of sanitary, heating, and fire fighting equipment in this case to the plaintiff as the defendant's representative for the construction work of this case in the amount of KRW 97,500,000, and the construction was carried out from September 15, 2017 to November 15, 2017; ② the material cost, personnel cost, etc. until the suspension of the construction work is paid to the plaintiff as KRW 30,00,000, and reported to the defendant. ② However, the evidence in Gap evidence 2, 3, 6, 7 (including the number of pages unless the serial number is specified); and Eul evidence 1, 5-5.