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(영문) 광주지방법원순천지원 2017.10.31 2016가단442

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On March 2015, Nonparty C, the Plaintiff’s Plaintiff’s birth, entered into a subcontract with the Defendant for construction works related to the construction of the roof and the outer panel construction works (hereinafter “instant construction works”) among the construction of a d plant contracted by Nonparty Samsung Heavy Industries (hereinafter “instant construction works”) with the Defendant, and entered into an oral subcontract with the Defendant at least 30 million construction cost.

However, the above contract was terminated during the Do, and the Defendant again entered into a subcontract with the Plaintiff with the content of monthly settlement of the Plaintiff’s operating income.

Accordingly, the Plaintiff completed the instant construction, and the Defendant promised to pay the Plaintiff KRW 753,500,000 to the construction cost of the instant case.

The plaintiff asserts that the defendant paid 554,629,680 won to each of the construction companies with labor costs and equipment costs, and that only 129,237,570 won out of the remaining construction cost of 200,791,200 won was paid to the plaintiff, but did not pay the remainder of 69,632,750 won (=753,50,000 - - 554,629,680 - 129,237,570 won). Thus, the defendant asserts that the defendant is liable to pay the above unpaid amount of KRW 69,632,750 and interest for delay.

B. As to the defendant's assertion, the defendant merely concluded a contract for construction with the plaintiff's dynamic C, and did not conclude a contract for construction with the plaintiff. Even if it is recognized that the plaintiff concluded a contract for construction with the plaintiff, the defendant only paid the plaintiff in excess of the construction cost in relation to the construction work of this case,

2. The Defendant paid KRW 129,237,570 to the Plaintiff on May 29, 2015, in full view of the following: (a) whether the parties to the contract are the Plaintiff; (b) whether the Plaintiff was the Plaintiff; and (c) whether the Plaintiff operated the Plaintiff.