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(영문) 수원지방법원 2020.07.09 2019나7935

공사대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

Reasons

1. The basic facts of the claim (1) around May 1, 2018, the Defendant was awarded a contract with the non-party company C (hereinafter “non-party company”) for the relocation and installation of the equipment inside the test room of the non-party company (e.g., fallen shock test equipment, water heading, freezing, etc.). The Plaintiff was awarded a subcontract from the Defendant for the above construction work (hereinafter “Piping system”) at the cost of KRW 7 million (excluding value-added tax). The Plaintiff completed the pipeline construction (the date of completion is not indicated in both the original and the Defendant); the Plaintiff received KRW 3 million from the Defendant on June 11, 2018; KRW 4.7 million from July 16, 2018; and the Plaintiff appears to have received additional KRW 10,000 from the Defendant to the Defendant for replacement of the equipment of the non-party company from the non-party company’s phone (hereinafter “the non-party company’s equipment of this case”); and the Plaintiff appears to have received additional 108, among the Plaintiff’s equipment of this case.

2. (1) As to the Plaintiff’s claim for the payment of the construction cost of KRW 8.8 million and delay damages to the Defendant, the Defendant asserts that the Defendant did not request the Plaintiff to pay the instant construction work, on the ground that, during the Plaintiff’s pipeline construction, the Plaintiff caused the Plaintiff’s cryption of air conditioners due to the Plaintiff’s cryption of air conditioners, and therefore, the Defendant did not request the Plaintiff to pay the Plaintiff.

(2) The aforementioned evidence and the purport of the entire pleadings are revealed.