beta
(영문) 대전지방법원 2017.04.27 2016나1937

청구이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

Basic Facts

On April 11, 2014, the Plaintiff was a corporation established for the purpose of performing steel reinforced concrete construction business, civil engineering construction business, etc., and received a contract for fire-fighting and electrical construction (hereinafter “Cbuilding construction”) from a general house construction company (hereinafter “principal house construction”) as construction cost of construction 50,600,000 won (including value-added tax) during the alteration and extension of the purpose of use of the building in the south-gu Seoul Metropolitan City.

On the other hand, China Forest Construction Co., Ltd. employed K as the plaintiff's internal director as the site director of the new construction site of Chungcheongnam-gun Ltd.

The Plaintiff and K subcontracted to E with the construction of the Cbuilding and the construction of the said L (hereinafter referred to as the “L construction”) to E.

The Plaintiff paid KRW 3,00,00 on March 12, 2014, KRW 3,000,00 on March 17, 2014, KRW 4,420,00 on March 17, 2014, KRW 3,000,000 on March 25, 2014, KRW 250,00 on April 6, 2014, KRW 11,620,90 on April 16, 2014, KRW 12,00,000 on April 16, 2014, and KRW 30,00,00 on May 12, 2014, KRW 10,000 on May 15, 10,000 on the remainder of the construction works, including KRW 3,50,00 on May 10, 205, KRW 100 on the building paid.

Meanwhile, from April 11, 2014 to May 12, 2014, the Defendant carried out the removal of underground rooms of the C Building (hereinafter “instant removal works”).

On May 19, 2014, 200, 11,000, and 23,500,000 won on August 6, 2014, and 34,50,000 won on a total of 34,50,000 won. On August 22, 2014, 2014, the Plaintiff paid to a pan-building construction for the following reasons: “The Plaintiff failed to pay to the Plaintiff the construction cost of KRW 13,675,00 among the specifications of the construction of the C building, and additional construction cost of KRW 10,747,171, and additional construction cost of KRW 10,747,171 to the Plaintiff; thus, the Plaintiff failed to pay for the removal and additional construction cost of the C building and KRW 24,422,171 and additional construction cost of KRW 2,42,427,217 among the construction cost of the C building to request verification by August 26, 2014.

On April 8, 2015, the Plaintiff is against the construction of pan-style houses.