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(영문) 전주지방법원 군산지원 2018.09.13 2017가단6455

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a type C (the plaintiff's wife is D), and the defendant is in a de facto marital relationship with C.

B. The Defendant, between E and E, drafted a contract for the direct payment of construction cost of KRW 5 million in relation to the construction of a lot of detached housing outside the F in the following city and two lots of detached housing (hereinafter “G Corporation”).

The above contract states that “In the G public case, the defendant is under construction by entering into a subcontract with E, and if the subcontractor pays the subcontract price for the portion executed by the subcontractor, he/she shall ensure the smooth promotion of the construction and make a reasonable payment for the subcontract price, even if he/she directly pays the subcontract price, he/she shall not raise any objection due to the punishment and civil idea, and shall agree in direct payment between both parties.”

C. With respect to the construction work of the IE NE (hereinafter “IE”) between H, the Defendant prepared a subcontract agreement with H on the construction work that sets the construction cost of H as KRW 9,110,000.

E received KRW 20,000 from C as the construction cost in relation to the G Corporation, and reported C to the Labor Office on the ground that the construction cost or the wage is not paid.

E. C paid 6 million won to J on August 11, 2017, as well as wages, etc. paid directly to G Corporation and I Corporation.

F. The Defendant or C paid KRW 1 million as the passbook of D on May 18, 2017, KRW 500,000 on June 21, 2017, KRW 250,000 on June 23, 2017, KRW 500,000 on the same day, KRW 500,000 on July 7, 2017, KRW 100,000 on July 12, 2017, KRW 500,000 on August 2, 2017, and KRW 8 million on August 12, 2017.

[Ground of recognition] Facts without dispute, entry of Eul's evidence 1 to 5, witness E's testimony, purport of whole pleading

2. Determination

A. The Plaintiff’s assertion is that the Defendant entered into a contract with the Defendant with the terms that the G Corporation was awarded a contract by setting the construction cost of KRW 85,008,00,000, and that I Corporation was paid a construction cost of KRW 94,705,603.