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(영문) 부산지방법원 2019.08.21 2019나40024

공사대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. Matters concerning counterclaims among the total costs of the lawsuit.

Reasons

Basic Facts

After the Defendant received an order from C to “the manufacture and installation works of C symbol sculptures” (hereinafter “instant construction works”), on February 2, 2018, the Defendant entered into a subcontract with the Plaintiff on February 2, 2018, with the period of construction from February 2, 2018 to March 7, 2018, with the amount of construction cost of KRW 320 million (including value-added tax), advance payment of KRW 128 million, intermediate payment of KRW 96 million, and the remainder of KRW 96 million. The remainder payment period was determined to be paid by the Defendant within 15 days after the receipt of the remainder from the ordering office.

(hereinafter “instant construction contract”). The Defendant KRW 20 million under the instant construction contract to the Plaintiff on February 2, 2018, pursuant to the instant construction contract:

2. 5.18 million won paid in advance, including advance amounts of KRW 128 million.

On February 6, 2018, the Plaintiff paid KRW 30 million to the E (F) account at the Defendant’s site director D’s request.

On March 29, 2018, the Defendant paid an intermediate payment of KRW 96 million to the Plaintiff, and paid a total of KRW 224 million to the Plaintiff.

On April 2018, the Plaintiff completed the instant construction work.

On May 4, 2018, the Plaintiff transferred to G Co., Ltd. (hereinafter referred to as “G”) a claim for “6 million won (including value-added tax) and additional construction cost incurred due to the amendment to the future terms and conditions of the contract and other reasons, excluding KRW 30 million, out of the remainder under the instant construction contract, and notified the Defendant on May 9, 2018.

hereinafter referred to as "transfer of claims of this case"

(2) The Plaintiff’s assertion of the purport of the entire pleadings as to the purport of the instant construction contract as to the remainder of the construction price pursuant to the instant construction contract shall pay to the Plaintiff the remainder of KRW 36 million, excluding the remainder of KRW 66 million that the Plaintiff transferred to G in accordance with the instant construction contract.

Since the construction contract of this case was concluded by mutual agreement between the defendant and D with the defendant, it was invalid by false representation of agreement, or entered into a contract by deceiving the defendant in collusion with the plaintiff.