beta
(영문) 인천지방법원 2014.10.14 2014가합4039

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 26, 2013, the Plaintiff: (a) entrusted the construction of the Defendant’s detached housing (hereinafter “instant construction”); and (b) concluded the instant construction contract with the Defendant with the total amount of KRW 350 million with the construction cost of KRW 350 million.

On August 8, 2013, the Plaintiff entered into a subcontract with Nonparty C (representative: D) with the contract amount of KRW 250 million.

B. As to the instant construction project, the Defendant: (a) KRW 85 million on July 29, 2013; (b) KRW 50 million on January 9, 2014; and (c) the same year for the Plaintiff.

1. A total of KRW 232,324,270 by paying KRW 97,324,270 on May 15, 201, and the Plaintiff paid KRW 200 million as construction price to Nonparty C from August 13, 2013 to November 15, 2013 during the process of the instant construction work.

C. Meanwhile, the Defendant directly paid KRW 15 million to Nonparty C as the instant construction cost on November 25, 2013, KRW 35 million, KRW 50 million on June 6, 2012 of the same year, and KRW 30 million on December 24, 2013.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 4, entry of Eul evidence 1, testimony of witness E, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted 1) The plaintiff directly paid 150 million won out of the construction cost that the defendant should pay to the plaintiff to the non-party C. The defendant asserted that the plaintiff is obligated to pay the above amount to the plaintiff. 2) The defendant agreed on January 15, 2014 that the plaintiff, the defendant, and the non-party C representative D et al. directly paid to the non-party C as the construction cost of the construction contract of this case between the plaintiff and the defendant. Accordingly, the defendant paid the remainder of the construction cost to the plaintiff.

B. On January 15, 2014, six persons, including F, Defendant, and Non-Party C representative D, etc. of the Plaintiff Company, such as the Plaintiff Company’s F, Defendant, and Non-Party C representative, comprehensively taking account of the written evidence Nos. 4 and 5, witness E’s testimony and the overall purport