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(영문) 의정부지방법원 2017.10.25 2017나201775

공사대금

Text

1. All appeals filed by the plaintiffs (appointed parties) and the designated parties are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.

Reasons

1. Facts recognized;

A. The Defendant, on the ground of Gyeonggi-gu, Gyeonggi-gu, to newly construct a building for a reinforced concrete structure, Class II neighborhood living facilities (hereinafter “instant building”) on the second floor of the horizontal roof of reinforced concrete structure, completed development activities with permission and construction permission from the competent authority, and became aware of the Plaintiff (Appointed Party) (hereinafter “Plaintiff”) (hereinafter “Plaintiff”) who conducts construction business with the name of “L” as a introduction of neighboring land persons while the construction business operator had been placed in the front of the commencement of construction on April 2015.

B. Around that time, the Plaintiff started construction of the building and completed construction around August 2015.

【Ground for recognition: Facts without dispute, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff, who was directly constructed by the Defendant, was the head of the construction site of the instant building that was being directly constructed by the Defendant, and the designated parties concluded a construction contract with the Defendant and performed the construction work on the said site.

The defendant does not pay to the plaintiff 1,00,000 won for the prepaid materials, and it does not pay each of the construction cost stated in the purport of the claim to the designated parties.

B. The Defendant became aware of the Plaintiff while running the instant new construction work, and ordered the Plaintiff to undertake the instant new construction work with the total construction cost of KRW 129,60,000 ( KRW 2 million per square year, set the construction cost and set the total construction cost of KRW 120,000,000, and reflected this in the Plaintiff’s demand that the construction business operator pay additional construction cost of KRW 9,60,000,000, as the Plaintiff demanded that the construction business operator pay additional construction cost of KRW 129,600,000).

The Defendant paid a total of KRW 125,500,000 to the Plaintiff during the construction period of the new building of this case, and thereafter paid KRW 5,400,000 to the Plaintiff for total of KRW 130,90,000, and paid all the agreed construction cost.

Nevertheless, the Plaintiff’s construction cost received from the Defendant is abandoned at another construction site that the Plaintiff proceeds and its subcontractors.