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(영문) 대전지방법원 2017.11.30 2016가단226032

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

Around April 2014, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with C Co., Ltd. (hereinafter “C”), with the content that the building of a child care center (hereinafter “instant building”) was newly constructed on the land outside of Asan City and two parcels, and the construction cost of which is KRW 90 million (90 million, including value-added tax) (hereinafter “instant construction contract”).

C completed the instant building on or around December 31, 2014, and received all construction cost of KRW 990 million as stipulated in the instant construction contract between June 13, 2014 and January 20, 2015.

【In the absence of any dispute, the Plaintiff’s assertion of the purport of the entire pleadings, as to the Plaintiff’s assertion with the Defendant, is obligated to pay the Plaintiff KRW 178 million out of the above additional construction cost and damages for delay thereof, on the ground that the Plaintiff entered into an additional construction agreement with the Defendant to pay KRW 235,640,00 (the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior installation installation cost of KRW 185,789,00).

The defendant's assertion that the defendant concluded a construction contract with C including both interior interior interior interior interior interior and building outer wall construction, etc. claimed by the plaintiff, and accordingly, the construction price is paid to C, so the plaintiff's claim cannot be complied with.

Judgment

As alleged by the Plaintiff, the Plaintiff and the Defendant, as to whether there was an additional construction agreement of KRW 236.4 million for the interior interior interior interior interior interior interior interior and outer walls of the building of this case, was made, and the following circumstances revealed by adding the overall purport of the pleadings to the grounds for recognition as seen earlier, namely, the Defendant concluded the instant construction contract with C, but the Plaintiff appears to have actually been in charge of the overall construction of the building of this case, as alleged by the Plaintiff.