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(영문) 대전고등법원 2015.12.18 2013나10046

공사대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 18, 201, the Defendant (former Name: C&D Association) entered into a contract with E Co., Ltd. (hereinafter “E”) for construction works of the first floor underground and the first floor through third floor above ground (hereinafter “the entire construction works of this case”) among the new construction works of the D/D building at the time of stay in the E Co., Ltd. (the representative I; hereinafter “E”), with the cost of construction KRW 1.21 billion (including value-added tax) and the construction period from November 19, 201 to February 28, 2012.

B. At the time of entering into the instant entire construction contract, the Defendant was scheduled to hold L Games from April 26, 2012 to April 27, 2012, but the entire construction of the instant case was not completed during the said construction period.

C. On April 5, 2012, the Plaintiff started with the Indoor Building Corporation (hereinafter “the instant construction”) among the three floors of the given seminars, which was left alone with only a construction team established on or around April 5, 2012, and completed the instant construction work on or around the 25th day of the same month.

On April 11, 2012, the Defendant paid KRW 18 million to the Plaintiff regarding the instant construction project, and KRW 220 million on April 24, 201, and the Plaintiff issued a tax invoice for each of the said construction works to the Defendant.

E. On the other hand, at the construction site of this case on April 13, 2012, the Plaintiff, on May 4, 2012, drafted a contract for interior construction works (including value-added tax) with the Defendant on April 9, 2012, with respect to the instant construction works, retroactively prepared a contract for interior construction works (hereinafter “instant contract”) on April 9, 2012. Based on the instant contract, the Plaintiff, as the Defendant, provided insurance management for the said industrial accident.

[Ground of Recognition] Facts without dispute, Gap evidence 7, 8, 26 evidence, Eul evidence 1 and images, FH of the first instance trial witness and MNO of the first instance trial

2. The assertion and judgment

A. The Plaintiff asserted as to whether the Plaintiff and the Defendant directly concluded a contract, shall concentrate on equipment and human resources from the Defendant who is urgently required to complete the seminars prior to the holding of the said World Trade Organization.