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(영문) 대구지방법원 2015.11.05 2015나7822

공사대금

Text

1. Defendant C’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant C.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 15, 2010, Defendant C (hereinafter “Defendant”) managing “D” and limited partnership E (hereinafter “E”) were the nominal owner, and the Defendant entered into a contract for construction works (hereinafter “instant contract”) under which the amount of KRW 146,50,00 of the construction cost of lighting, waterproof, and unclaimed construction work among F new construction works, and KRW 129,00,000,000 of the construction cost of the instant construction work (hereinafter “instant contract”).

B. The Plaintiff, among the aforementioned new F-built construction works, performed the instant construction work, which was sprinked, sprinked, and external metric tons (hereinafter “instant construction”), and the F was completed on May 20, 201 and was approved for use on May 20, 201.

C. E transferred the Defendant’s account KRW 50 million on December 29, 2010, KRW 90 million on February 1, 201, and KRW 30 million on March 17, 201, respectively, to pay KRW 170 million.

The Defendant wired KRW 25 million from the account of Defendant B Co., Ltd. (hereinafter “Defendant Company”) in which he/she serves as the representative director to the Plaintiff’s account, and KRW 35 million on February 1, 201, from the Defendant’s account, to the Plaintiff’s account. The Defendant wired KRW 10 million from March 18, 201 to the Plaintiff’s account.

E. On July 20, 2011, the Defendant attached the real estate owned E as the claim amounting to KRW 105,500,000,000 for the construction price of E as the claim amount, and the Daegu District Court’s Young-gu District Court’s Young-si Branch Order 201Kahap4

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1, 2, Eul evidence 2, Eul 2 through 4 (including each number), the purport of the whole pleadings

2. Claim against the defendant company

A. The plaintiff's assertion that the construction of this case was subcontracted to the defendant company for KRW 130 million and completed it, but only paid KRW 70 million out of the price. Thus, the defendant company is liable to pay the plaintiff the construction price of KRW 60 million and delay damages.

B. The contract between the Plaintiff and the Defendant regarding the instant construction work is concluded.