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(영문) 전주지방법원 군산지원 2018.08.16 2016가단9945

공사대금

Text

1. Defendant D’s KRW 8,351,660 for the Plaintiff and KRW 6% per annum from April 12, 2017 to August 16, 2018.

Reasons

1. Basic facts

A. The Korea Rural Community Corporation ordered the F&A civil engineering works for the first section of the project, and G Co., Ltd and H Co. are the contractor of the project.

B. Defendant B re-subcontracted part of the subcontracted construction (which appears to be a concrete packaging construction) from G Co., Ltd and H Co., Ltd. (hereinafter “instant construction”) to Defendant D.

C. The Plaintiff entered into a contract with D to pay KRW 16,00 in 1 meter for the instant construction work orally with D.

From July 23, 2016, the Plaintiff constructed a total of 3,241 meters in accordance with the said contract, and the construction cost is KRW 51,856,00.

E. On September 26, 2016, Defendant D drafted to Defendant B a written statement stating that “I will give up the construction contracted by Defendant B due to one’s own cause, give up the construction work in the middle, agree to pay the remainder of the construction work, as follows, and promise to pay for the unpaid case later, Defendant D’s liability and pay for the unpaid case, and will not raise any objection in civil or criminal case at the time of the occurrence of the problem.” However, the written statement stated “I (wages) 1,9720,000 won” in the payment column for the payable amount.

Defendant B paid KRW 19720,00 to the Plaintiff in accordance with the above letter of commitment.

F. Defendant D’s construction cost under the said contract to the Plaintiff, KRW 3,411,540, August 18, 2016, and the same year

8. 25.2 million won, and the same year;

9.1. 500,000 won, and the same year;

9.12.14,214,300 won, and the same year;

9. 13.2 million won was paid 22,125,840 won in total.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. Determination:

A. The Plaintiff asserted that he was awarded a contract for the instant construction work from Defendant B or Defendant D.

The construction cost shall be 16.1 per meter;