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(영문) 의정부지방법원 2017.04.20 2016나53221

공사대금

Text

1. The plaintiff's appeal and the claims added by this court are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On August 13, 2014, the Defendant entered into a subcontract for electrical construction (hereinafter “instant construction”) from among the new construction works in the wife population C, which was contracted by the Austria Co., Ltd. (hereinafter “Dong Construction”) with the Defendant, with respect to the construction of the said construction from August 13, 2014 to January 20, 2015, the term of the contract was from August 13, 2014 to January 20, 2015; the construction cost was KRW 616,00,000 (including value-added tax of KRW 56,00,000).

B. On January 12, 2015, the Defendant entered into an amendment agreement with the Dong Construction Division on April 30, 2015, which was extended 100 days after the expiry date, and agreed to settle the contract amount at KRW 617,100,000, which was increased by 1,100,000 on May 30, 2015.

C. Meanwhile, on September 5, 2014, the Defendant opened an account in the name of the Defendant with the IBK Enterprise Bank, and used it as a passbook for expenses incurred at the construction site of this case (hereinafter “on-site passbook”) and the Plaintiff as well as the Defendant at the site passbook and the Plaintiff deposited considerable money.

The defendant, upon introduction of the plaintiff, employed E as the site director of the instant construction site.

[Reasons for Recognition] Uncontentious Facts, Entry of No. 1 (including each number; hereinafter the same shall apply), witness E of the first instance trial, the purport of the whole pleadings

2. Judgment as to the main claim

A. See the Plaintiff’s grounds of appeal and the Plaintiff’s grounds of appeal on December 7, 2016, the purport of the claim and the grounds of the claim, respectively. The Plaintiff entered into a contract with a construction company upon entering into a construction business entity with multiple construction sites. The Defendant entered into a subcontract with the Plaintiff on September 2014, after entering into the subcontract for the instant construction project, to re-subcontract the instant construction project to the Plaintiff with the cost of construction KRW 520 million (including additional construction cost of KRW 480,000,000,000) (including additional construction cost of KRW 480,000,000,000), and the Defendant’s On-Site E guaranteed the Plaintiff’s construction work.

At the time of the contract between the plaintiff and the defendant.