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(영문) 수원지방법원 2018.05.24 2016가합76059

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 183,640,535 to the Plaintiff (Counterclaim Defendant) and its related amount from March 29, 2016 to May 24, 2018.

Reasons

1. Basic facts

A. On April 20, 2015, the Defendant concluded a subcontract contract with the Plaintiff on the condition that the Defendant would give the Plaintiff a subcontract to the Hak-up Corporation (hereinafter “instant construction”) in the Decheon Factory that was contracted by Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”).

(hereinafter “instant subcontract”). (b)

From April 20, 2015 to March 4, 2016, the Plaintiff performed the instant construction work, and filed a claim against the non-party company for the construction cost via the Defendant.

C. The Defendant received from the Nonparty Company KRW 1,879,684,373 (including value-added tax) as the construction price from April 20, 2015 to February 19, 2016, and KRW 321,117,496 (including value-added tax) as the construction price from February 20, 2016 to March 19, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 7 through 9 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 7 to 15, and 21, and the purport of the whole pleadings

2. Determination on the main claim

A. As the parties’ assertion and decision-making 1 Plaintiff’s assertion as to the method of settling the construction price, and the Defendant agreed to pay the full amount of the construction price received by the Defendant from the non-party company to the Plaintiff when entering into the instant subcontract, the payment of the construction price that the Defendant paid to the Plaintiff shall be calculated by deducting the construction price that the Defendant paid to the Plaintiff from the construction price that the Defendant received from the non-party company

Although the plaintiff representative made a confession on March 16, 2017 that "the construction cost to be paid by the defendant to the plaintiff shall be calculated by deducting the amount paid by the defendant from the amount paid by the non-party company to the plaintiff from the amount paid by the defendant, and the expenses paid by the defendant," the defendant shall also be deducted from the indirect expenses paid by the defendant.