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(영문) 대전지방법원 2019.08.27 2018나102070

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendant: (a) contracted a new hotel construction project in the I City from a limited liability company C (hereinafter “instant building”); and (b) subcontracted the construction project to E; (c) the Plaintiff re-purchaseed the steel-frame assembly and processing project during the said construction project from E to the Corporation from December 2015.

B. E ceased construction work on March 2016 under the completion of steel frame construction for the first or third floor above ground.

C. Around April 2016, the Plaintiff resumed the instant steel framed, and when entering into an agreement with the Defendant for the 7th floor additional construction works, the construction cost of the 7th floor was set at KRW 1,484,00,00 (=212 square x 70,000) applying the unit price per king.

On July 2016, the Plaintiff suspended construction work.

The defendant assigned to K Co., Ltd. and completed the remaining construction, and the construction cost paid by the defendant to K Co., Ltd. to K Co., Ltd is KRW 5,676,00.

[Reasons for Recognition] Uncontentious Facts, entry of evidence Nos. 5 and 9, the purport of the whole pleadings

2. Issues of the instant case

A. Whether the Defendant paid KRW 26.2 million to the Plaintiff on April 8, 2016 as the instant steel frame construction cost

(b) Whether the scope of the additional construction works is limited to the 7th floor construction works or the rooftop construction works are included in the additional construction works;

C. Whether the Plaintiff completed 50% of the 7th floor steel frame construction

D. Whether the Defendant’s transfer of KRW 7 million to the Plaintiff on June 16, 2016 and KRW 7.56 million to the Plaintiff on June 16, 2016 and KRW 11:06:46 on June 16, 2016 constitutes the instant steel frame construction cost

E. The extent of the amount to be deducted by the Defendant out of the food expenses paid to the F cafeteria that is the F cafeteria.

3. Determination

A. On April 8, 2016, the Plaintiff asserted as to whether KRW 26.2 million paid to the Plaintiff as the price for the instant steel structure was paid to the Plaintiff, and the Plaintiff agreed on April 27, 2016 to KRW 98.5 million with the Defendant for the 4 to the 6th floor construction of the instant steel structure. On April 8, 2016, the agreement was concluded that KRW 26.2 million paid by the Defendant on April 8, 2016, the transfer of the agreement, was re-demanded by the Plaintiff from E.