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(영문) 인천지방법원 2017.03.29 2016나6309

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In around 2011, the Defendant was awarded a contract for “C urban development project creation works” by the Korea Urban Development Corporation. Among them, the third contract was concluded on March 29, 201 by setting the construction cost of KRW 12,223,128,00 on February 6, 2014 on the date of completion, and the construction cost of KRW 11,909,184,000 on May 14, 2015 was finally changed on December 31, 2014.

B. From 2011 to 2014, the Defendant subcontracted the C Urban Development Project to D Co., Ltd. (hereinafter “D”) among the “C Urban Development Project Creation Works”, the term “C Urban Development Project” was subcontracted to D Co., Ltd.

Of them, the “Agreement on the Performance of Packing Works”, which stipulates the contents of the packaging work (hereinafter “instant construction work”), was prepared on June 2, 2014 between the Defendant and D, and the main contents are as follows:

Construction name: The construction cost of the packing of the C Urban Development Project: The construction period of KRW 1,094,00,000 (including value-added tax): June 2, 2014, for the construction period of KRW 1,094,000 (including the site of packing population): The construction period of KRW 1,094,00: the completion date;

The Defendant’s claim amount of KRW 473,00,000,000 on June 10, 2014, as of the date of the preparation of the payment of the construction price to D on June 10, 2014, as of the date of the Defendant’s payment of the construction price, KRW 165,000,000 on July 11, 2014, July 17, 2014; and the Defendant issued a tax invoice on four occasions and filed a claim for the payment of the construction price of this case on July 18, 2014; and the Defendant paid the construction price of this case on four occasions as follows.

In addition to the payment of the instant construction cost to D as above, the Defendant paid KRW 166,00,000 to D’s subcontractor from December 31, 2014 to April 8, 2015. This includes KRW 23,00,000 paid to the Plaintiff.

Accordingly, the sum paid by the Defendant to the instant construction cost is KRW 1,079,110,000.

The plaintiff's claim amount on December 31, 2013, D 20,705.