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(영문) 서울중앙지방법원 2015.06.05 2014나50660

공사대금

Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3, 4, and 6 (including the number with which each separate number is attached; hereinafter the same shall apply), and Eul evidence No. 9, taking into account the whole purport of the pleadings:

The Defendant, as the owner of Dongjak-gu Seoul Metropolitan Government D and E, delegated F, as the owner of the above land, the removal of the existing building on the ground (hereinafter referred to as the “instant building”) and the construction of a new building.

B. On November 15, 201, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), the representative director of Plaintiff B, was awarded a contract with the Defendant’s agent F for the removal of the instant building at KRW 31,150,000 for the construction period and KRW 14 days for the construction period and KRW 1,500,000 for the delayed payment per day.

C. On December 12, 201, F borrowed KRW 20,000 from Plaintiff B to leave the lessee of the instant building, and additionally borrowed KRW 20,000,000 from Plaintiff B on December 19, 201, and KRW 10,000 on December 29, 201, and KRW 10,000,000 on December 29, 201, and KRW 5,00,000 on January 13, 2012.

Plaintiff

A completed the removal work of this case around the end of December 201, and after the completion of the removal work of this case, A awarded a contract for the installation work of the temporary fence at KRW 15,314,200 for the development of the Asia Industry, and the development of the Asia Industry completed the installation work of the temporary fence around January 2012.

E. The Plaintiff A paid 671,380 won on behalf of the lessee of the instant building.

F. Meanwhile, on January 30, 2012, the Defendant awarded a contract for the construction of a new building on the instant land (hereinafter “new construction work”) to Thai L&C Co., Ltd. (hereinafter “T&C”) by setting the price for KRW 2,739,00,000, and the period from February 7, 2012 to December 31, 2012, respectively.

2. Determination as to Plaintiff A’s claim

A. The Plaintiff A completed the removal of the instant case’s assertion by the parties, and the removal of the instant case’s.