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(영문) 대전지방법원 2020.10.16 2019나100965

공사대금

Text

Plaintiff 1, among the parts against Defendant Limited Liability Company B in the judgment of the first instance, falls under the following amount ordered to be paid:

Reasons

1. Basic facts

A. On March 25, 2015, Defendant B entered into a contract for construction work between the Defendants, with the construction cost of KRW 1,632,050,00 (including value-added tax) and the construction period of KRW 31, 205, the construction cost of the new construction work of the Chungcheong-gun D Apartment (hereinafter “instant apartment”) to Defendant C.

(hereinafter “instant apartment contract”). The said construction period was extended by March 15, 2016, and the construction cost was also changed.

B. On December 15, 2015, the Plaintiff and Defendant C’s subcontract 1) entered into a subcontract with Defendant C for the construction of interior interior interior interior interior interior interior interior interior interior interior interior interior interior of the instant apartment (including value-added tax) and by December 30, 2015, with the construction period fixed by December 30, 2015 (hereinafter “first construction contract”).

(2) The Plaintiff received each payment of KRW 25,00,000 on December 31, 2015, and KRW 17,500,000 on February 3, 2016, as the construction cost under the first construction contract from Defendant B.

3) On February 29, 2016, the Plaintiff received a contract from Defendant C for construction of additional interior works for the instant apartment (including value-added tax) by setting the construction cost of KRW 17,290,000 (including the value-added tax) and from February 29, 2016 to March 30, 2016 (hereinafter “second construction contract”).

C) The instant apartment building, which was completed on June 30, 2016, was approved for the use of the apartment of this case. [Grounds for recognition] There is no dispute over the apartment of this case; Gap’s 1 through 9, 13, and 14; Eul’s 1, 2, 11, and 35 (including each serial number, if any; witness E and witness G and H of the first instance trial; and the purport of the entire pleadings.

2. Part as to Defendant B

A. The Plaintiff asserts: (a) at the time of the conclusion of the contract for construction work Nos. 1 and 2, Defendant B agreed to pay the construction price directly to the Plaintiff under the contract for construction work Nos. 1 and 2; and (b) Defendant B is obligated to pay the construction price to the Plaintiff who requested the direct payment of the construction price under the contract for construction work No. 1 and 2 pursuant to Article 14(1)3 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).