beta
(영문) 인천지방법원부천지원 2017.09.22 2016가단28035

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 96,208,252 and the interest rate of KRW 15% per annum from December 27, 2016 to the date of full payment.

Reasons

1. In addition to the statements in evidence Nos. 8 and 10, if the whole purport of the pleadings is added, B Co., Ltd. (hereinafter “B”) entered into a contract with the ridge Development Co., Ltd. on March 10, 2010 for the instant construction works (hereinafter “instant construction works”). However, under the circumstance that the instant construction works have been completed, a dispute arises due to the scope of the construction works, and the construction was interrupted due to the occurrence of the dispute. The Defendant entered into a contract for the construction works with the 3,540,000 won for the electric, telecommunication, facilities, fire-fighting, elevator installation and internal interior interior interior interior interior interior interior interior interior interior interior works as of October 25, 2012 and the instant construction works.

2. The parties' assertion

A. The plaintiff primarily asserted that the defendant is obligated to pay the above money to the plaintiff because he did not receive KRW 96,208,252 of the construction cost, after concluding a direct contract with the defendant to settle the construction cost for the electrical construction of this case at the actual cost, and that the defendant is obligated to return the above money to the plaintiff with unjust enrichment.

B. As to this, the Defendant asserts that there was no contract for the instant construction project with the Plaintiff, and even if the contractual relationship is recognized, the Plaintiff’s claim for construction price has expired after the lapse of the three-year statute of limitations.

3. Determination

A. According to the overall purport of the statements and arguments stated in Gap evidence Nos. 3, 7, 14, 15, 16, 17, 18, 19, and 21 (including various numbers), the plaintiff entered into a contract with the defendant for the settlement of actual expenses for the electrical construction of the instant construction among the instant construction in the name of Shin L&C Co., Ltd., and conducted the said electrical construction from September 2013 to December 13, 2013; the plaintiff paid KRW 141,208,252 during the said electrical construction process; the defendant paid KRW 141,208,252 to the plaintiff; and the defendant incurred New L&C Co., Ltd (including the payment to the plaintiff by the method of payment to the State).