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(영문) 서울동부지방법원 2021.01.14 2020가단104379

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. On April 25, 2018, the Plaintiff, whose business purpose is stone construction business, is a company that runs the construction business under the trade name of “C”, is limited to “C” and the inside director of the representative of C Co., Ltd. that is a corporation under the name of “C” and “C”. The instant contracts related to new construction and stone construction are deemed to have been concluded as an individual qualification.

From the Defendant, the part of the tin Corporation (hereinafter “the instant tin Corporation”) among the four new construction works in Jeju E-Gu (hereinafter “new construction works”), which he received from the Defendant, was sewageed to KRW 129,900,000 ( separate value-added tax) for the construction cost.

B. The instant New Construction Corporation was originally commenced on September 2015 and was interrupted for a long time, and its construction was resumed around April 2018, and its construction was resumed on or around June 20, 2018, and was resumed on or around June 20, 2018.

(c)

However, as seen in the following E., part of the construction cost was paid from the Defendant, the owner of the construction, and the Plaintiff resumed the construction (hereinafter “the resumption of the construction in this case”). Around July 25, 2018, the construction in this case completed the instant stone construction. During the said construction process, the construction was added to the details of stone construction cost of approximately KRW 15,227,00 (hereinafter “additional construction”).

(d)

Han Part D confirms on January 3, 2019 that “the waiver of the instant new construction works” between the Defendant and the Defendant.

공사 타 절 타 절( 打切, うちきり) 은 원래 ‘ 중단’ 을 뜻하는 일본어이나, 흔히 건축공사 현장에서 ‘ 공사 중단과 관련한 합의’ 의 뜻으로 사용되고 있고, 이 사건 당사자들도 위 용어를 사용하고 있으므로 이를 그대로 사용하기로 한다.

“A written agreement on the waiver of construction and on the settlement of accounts under other Sections,” stating that the amount of KRW 846 million is KRW 86 million and the construction cost and delay reward to be paid to the Defendant are KRW 490 million in total (hereinafter “instant agreement”).