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(영문) 청주지방법원 2018.11.01 2017나2350

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 4, 2016, the Defendant: (a) set the construction period from September 4, 2016 to October 5, 2016 as the construction period for the electric repair works for the Damoel located in Chungcheong-gun C (hereinafter “instant building”); and (b) performed the construction work after being awarded a contract with the Plaintiff for the construction work.

(hereinafter “instant construction project”). (b)

On September 13, 2016, the Plaintiff paid the Defendant KRW 4,000,00, which is a part of the construction cost.

C. The Plaintiff demanded additional construction on October 4, 2016, which was around the completion of the instant construction, and the Defendant completed the construction until October 12, 2016.

On October 18, 2016, the defendant applied for the electric safety inspection prior to the use of the building of this case to Korea Electrical Safety Corporation, and the Korea Electrical Safety Corporation implemented this and issued a certificate of pre-use inspection.

E. The Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 3,920,00,000, the remainder of the construction cost, with the Cheongju District Court 2017 tea15, which was the Cheongju District Court. On March 22, 2017, the said payment order was issued by the said court, and the said payment order was finalized on April 13, 2017.

F. On September 21, 2017, E, the representative director of the Plaintiff Company, filed a complaint against the Defendant in fraud with the Cheongju District Prosecutors’ Office on the ground that the Defendant was subjected to the above payment order by deceiving the court by means of claiming the construction cost of this case by falsity, but the Defendant was subject to a disposition that the Defendant was suspected of being guilty due to the lack of evidence.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, Eul evidence Nos. 1, 2, 3, 4, 5, 7, the purport of the whole pleadings

2. As seen earlier, the Defendant had the obligation to pay the instant construction cost, around September 4, 2016, completed the construction work after being awarded a contract by the Plaintiff for the instant construction work. As such, the Plaintiff is obligated to pay the Defendant the remainder of KRW 3,920,000, excluding KRW 4,000,000, which was already paid at KRW 7,920,000 as the construction cost of the instant construction work.