beta
(영문) 광주지방법원 2015.01.15 2013가단20781

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

C around June 2012, around June 2012, the construction contract between C and the Defendant entered into a construction contract with the Defendant on the condition that the construction cost of livestock excreta facilities, including liquid manure storage tanks, including the total sum of KRW 195 million for the construction cost, shall be determined as the commencement date, “ July 1, 2012,” and “ September 30, 2012,” and the completion date of the construction project (hereinafter “instant contract”). The main contents are as follows.

D 400 E 200 E F 200 G 400 G 400 G 400 G 400 L 400 L: The installation name of the facility under Article 1 of the 400 L: The amount of the supply of civil engineering and construction and the details of civil engineering and construction under Article 3 of the Construction of the liquid tank storage tank installation work and the details of construction under paragraph (1) of the payment settlement: 200 tons: 11,00,000 won (one place), 400 tons: 27 million won (including one place), and 400 tons: The payment method and settlement date for the entire construction (including a waterproof) and the settlement date: The remainder: After the settlement of construction amount after the completion of the construction amount, the defendant and C decided to be excluded from the construction works for the above D farmer.

C On October 17, 2012, between the Defendant and the Defendant, entered into a repair and maintenance contract for liquid manure storage tank (M farm's price of KRW 3,200,000, and 600,000) with the Defendant for Naju's and N farm's price of KRW 3,20,000.

C On October 10, 2012, on the part of the Defendant, the amount of 35,780,000 won under the contract for the installation of liquid manure storage tank for the O's farming household located in Naju from the Defendant is 35,780,000 won, and S separately contracted for the installation of machinery in 2,00,000 won.

has been awarded a contract.

C around October 2012, after completion of construction and payment, C completed construction for liquid manure storage tank installation, repair and repair works, and O farmers contracted by the Defendant.

From July 31, 2012 to December 7, 2012, the Defendant paid C totaling KRW 147,200,000 to C through an account in the name of P for construction cost. On November 29, 2012, the Defendant paid KRW 21,00,000 to C throughO. Of the material price used while performing construction work, KRW 29,676,460 for Qa, and KRW 7,467,950 for R among the material price used by C while performing construction work.