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(영문) 광주지방법원 2017.07.20 2016나7940

공사대금

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Defendant’s supply and demand for the new construction of neighborhood living facilities, etc. 1) H Co., Ltd. (hereinafter “H”).

) and G (hereinafter referred to as “G”)

on July 30, 2013, H pays KRW 800 million to G, and G means the construction of a new ground neighborhood living facility, such as Gwangju Northern State C (hereinafter “instant construction”).

2) The contractor under the contract signed the contract and ordered the instant construction to the Defendant with H to complete the construction and refund the H’s investment cost.

B. On November 13, 2013, the Defendant subcontracted to the Plaintiff the paint construction among the instant construction works. The construction period under the contract was from November 13, 2013 to December 30, 2013; and the construction cost was KRW 26,950,000 (value-added tax separate) (hereinafter “instant paint construction contract”).

(2) On February 18, 2014, the Defendant notified the Plaintiff that the instant paint contract will be terminated.

C. The Plaintiff paid KRW 5,00,000 as construction price, respectively, and KRW 6,00,000 from E.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 4 evidence, Eul 1, 8, 16 evidence, testimony of witness E by this court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the construction work of this case should be completed even after the termination of the contract of this case by hearing that D and E will proceed with the construction work under the defendant's responsibility.

Therefore, the Defendant shall pay to the Plaintiff the remainder of KRW 26,70,000,000, excluding KRW 11,000,000,000,000,000 for the first contract payment of KRW 26,950,00 for the first contract payment of KRW 10,750,000 for the first contract payment of KRW 26,70,000 for the first contract payment of KRW 11

The Plaintiff is based on the premise that the Plaintiff incurred additional construction in addition to the full performance of the instant paint construction in the first instance trial, and KRW 26,950,000 for the instant paint construction and KRW 10,750,00 for the additional construction cost.