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(영문) 대전지방법원천안지원 2015.09.03 2015가단104097

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 7, 2013, the Defendant: (a) determined and supplied the C Company’s factory site construction work amounting to KRW 660,00,000 and the construction period from June 11, 2013 to March 3, 2014 on the seven parcels outside Sacheon-si from the C Company (representative D).

B. On August 16, 2013, the Plaintiff was paid KRW 40,00,00 as advance payment by the Defendant for the period from August 20, 2013 to October 10, 2013, by setting the blasting construction work cost of KRW 261,80,000, and the construction period from August 20, 2013 to October 10, 2013.

C. As C Company failed to pay the construction cost properly, the Defendant, around September 10, 2013, made an agreement with C Company on the construction contract with C Company and left the site.

On August 2, 2013, the Plaintiff suspended construction work on September 25, 2013 at the wind without permission for blasting of the construction site from around August 2, 2013, and thereafter dismissed the construction site after it was difficult to pay the construction cost any more on the side of C Company (D).

E. On April 30, 2014, the Plaintiff settled the amount of KRW 40,00,000, which was paid by the Defendant, out of the total construction cost of KRW 81,200,000 executed by the Plaintiff, and the oil cost used by the Plaintiff, and the amount paid directly from the C Company, etc., as the balance, which was 25,20,000,000.

(hereinafter “Settlement of Accounts of this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Determination as to the claim

A. The plaintiff asserts that the plaintiff is obligated to pay the above money as construction price payable to the plaintiff, since the amount to be paid to the plaintiff is KRW 25,200,000 on the basis of the settlement of this case, and the defendant asserts that the defendant is not obligated to pay the above money to the plaintiff, as long as the plaintiff settled between the principal contractor and C.

B. As seen earlier, the Plaintiff had a claim for construction cost amounting to KRW 25,200,000 based on the instant settlement with the representative D of the C Company.

However, the defendant's settlement of this case.