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(영문) 의정부지방법원 2018.07.25 2017가단29552

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 February 2, 2015, the Defendant concluded a contract (hereinafter “instant contract”) with the Plaintiff on the construction cost of KRW 385,000,000 (i.e., construction cost) for multi-family houses with the size of four floors above the D ground in Suwon-si, Suwon-si (hereinafter “instant building”) (i.e., construction cost (i., approximately 100 square meters x unit price of KRW 3,850,000).

B. As to the instant building, approval for use was granted around March 17, 2016.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff asserts that since the contract of this case was concluded with the defendant and completed the construction of this case, the plaintiff asserts that 85,000,000 won calculated by deducting 24,352,500 won and 275,647,500 won paid by the defendant to the plaintiff from the contract price of this case (i.e., the contract price of this case - KRW 385,000,000 paid to the plaintiff - KRW 24,352,500 paid to the subcontractor - KRW 275,647,50 paid to the subcontractor) and damages for delay.

The defendant asserts to the effect that the plaintiff's claim cannot be complied with, since the plaintiff's transfer of the unpaid construction cost to E as well as the completion date of the contract, 255 days or later than the completion date of the contract, and the amount of damages due to defect repair also exceeds 7,530,000 won.

B. First of all, the issue of the issue of the instant case was whether the Plaintiff’s claim for construction cost was transferred to a third party, and according to the purport of the Plaintiff’s statement Nos. 1, 8, and 11 as well as the entire pleadings, the Plaintiff prepared a power of attorney on February 17, 2016 to the Defendant for the payment to E of the remainder after deducting the amount of the Defendant’s direct payment of the construction cost from the amount of KRW 385,00,000,000. The Defendant’s husband and the Defendant’s agent will pay the amount remaining after deducting the amount of the construction cost as above from the amount of the construction price at the bottom of the power of attorney