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(영문) 대전지방법원 2017.10.18 2017나102370

공사대금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 70,000,000 as well as the full payment with respect thereto from November 7, 2015.

Reasons

1. Basic facts

A. On June 20, 201, the Plaintiff: (a) contracted the Seo-gu Daejeon District Government Construction Work; (b) entered into a subcontract with the Defendant on June 20, 201; (c) the construction cost of the Changho Metal Construction Work (hereinafter “instant Construction”); (d) KRW 67,541,046 for the said New Construction Work; and (e) around November 201 for the construction period.

B. During the process of the instant construction project, the Plaintiff and the Defendant entered into an additional construction contract with KRW 6,01,01 as additional construction cost, and around November 201, the instant construction project and the said additional construction was completed.

C. On November 29, 201, the Plaintiff agreed with the Defendant to settle the construction cost of the instant construction amount of KRW 70,000,000 (hereinafter “instant agreement”), and on the same day, between D and D, the owner of the instant building, the owner of the instant building, the Plaintiff entered into a sales contract for the G Building Nos. 301, 300 (hereinafter “the instant loan”).

On August 9, 2013, the instant loan was sold at a voluntary auction on April 1, 2014 by the Daejeon District Court (H) upon receipt of a decision to commence voluntary auction.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Eul evidence 1, Eul evidence 6, the purport of the whole pleadings

2. As seen earlier, the Plaintiff and the Defendant settled the construction cost of the instant construction in KRW 70,00,000 according to the instant agreement on November 29, 201, pursuant to the determination as to the cause of the claim. As such, the Defendant is obligated to pay the Plaintiff the said agreed amount of KRW 70,000,000 and delay damages therefor.

(2) The Defendant’s defense on March 3, 200

A. The defendant asserts the gist of the defense as follows.

1) [The Defendant, the Plaintiff, and the owner of the instant construction owner D] agreed that D will succeed to the Defendant’s obligation to pay the amount prohibited under the above agreement against the Plaintiff in the discharge of liability. As such, the Defendant is the Defendant.