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(영문) 대구지방법원 2016.05.19 2014가단38316

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 22, 2013, the Defendant entered into a subcontract by setting the construction cost as KRW 120,00,000 (excluding value-added tax) between the company receiving a supply of the production and installation works of CD landscape publicity sculptures (hereinafter “instant sculptures”) ordered by the Gangwon-do Incheon-do Incheon-gun Office (hereinafter “instant sculptures”).

On July 24, 2013, the Plaintiff entered into a sub-subcontract for the production and installation of the instant sculptures with the Defendant, and agreed to receive KRW 45 million after completion of the construction period from July 24, 2013 to August 23, 2013, and the advance payment is paid KRW 20 million within five days after entering into the contract, and KRW 30 million upon arrival of D sculptures (hereinafter referred to as “first sculpture”) at the human resource site, and receive KRW 30 million after completion of the second sculpture (hereinafter referred to as “second sculpture”) by August 23, 2013.

(hereinafter “instant construction contract”). After that, the Defendant paid to the Plaintiff KRW 25,00,000,000 in total, including KRW 10,000 on July 26, 2013, KRW 10,000 on August 10, 2013, and KRW 500 on August 13, 2013.

On August 15, 2013, the Plaintiff produced and supplied the first sculpture, and the Defendant notified the Plaintiff that he would suspend the production of the second sculpture.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1, 2, 4, 5, Eul's assertion and the purport of the whole argument as to Gap's evidence Nos. 3, 6, 10, and 11, Eul's assertion and the defendant's defense as to the defendant's defense, and the plaintiff's defense as to the plaintiff's revocation are produced and supplied the first sculpture according to the construction contract of this case. The defendant is obligated to pay the plaintiff 25 million won unpaid out of the construction cost of this part. In addition, according to the defendant's instruction, the defendant purchased materials necessary for the production of the second sculpture with 25 million won and then caused damage that can not be used due to the defendant's suspension notice.