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(영문) 광주지방법원 2017.08.11 2016나9540

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. In around 2014, the Defendant entered into a construction contract with the Plaintiff on the part of the studio Construction Work in Gwangju Seo-gu, with the construction cost of KRW 35,300,000. The Plaintiff completed the said construction work.

(hereinafter referred to as the “G Corporation”). (b)

Around 2015, the Defendant entered into a contract with H to newly construct housing on the first ground, and entered into a subcontract with the Plaintiff as to the portion of Chang Ho Construction at KRW 15,840,000 with the construction cost.

(hereinafter referred to as “marsansan Project”). C.

Around 2015, the Defendant entered into a contract with J to newly construct a house on the ground of Daejeon Seo-gu Daejeon, Daejeon, with the construction cost of KRW 250,00,000,000, and entered into a subcontract with the Plaintiff as to the portion of Chang Ho-gu, Daejeon, with the construction cost of KRW 20,670,000, and the Plaintiff completed the said construction work.

(hereinafter the above construction work is referred to as the “Scaman”) D.

The defendant paid 22,00,000 won to the plaintiff as construction cost.

E. On December 1, 2015, the Defendant filed a lawsuit seeking the payment of the construction cost against H by the Gwangju District Court 2015Kadan53022, with respect to the progress of the relevant case, and the said lawsuit is currently pending.

On December 30, 2015, J brought a lawsuit against the Defendant seeking compensation for defect repair expenses, etc. as the Gwangju District Court 2015Da532547 on December 30, 2015. On June 23, 2017, the Defendant filed a counterclaim with the Gwangju District Court 2017Da515270 to seek payment of the construction cost against J, and the said lawsuit is currently pending.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul Nos. 1, 3, 5, 6, 10, and 12, the purport of the whole pleadings

2. The parties' assertion and judgment

A. We examine the determination as to the cause of claim 1 of the G Corporation’s portion, the fact that the construction cost of G Corporation was KRW 35,300,000, and the fact that the Plaintiff completed G Corporation’s construction work as seen earlier. As such, the Defendant paid the construction price of KRW 35,300,000 to the Plaintiff.