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(영문) 광주지방법원 2017.06.30 2016가합52724

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 1, 2015, the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with respect to the interior interior interior interior interior interior interior interior interior interior interior interior tegra (hereinafter “instant construction”) construction work (hereinafter “instant construction work”) within the scope of 198 YYYY-gun, Gowon-gun, Gowon-gun, Gowon-gun, Seoul Special Metropolitan City, for which the Defendant and the Defendant contracted within the scope of a limited liability company (hereinafter “within the scope of sunrise”). < Amended by Presidential Decree No. 2680, Feb. 1, 2015; Presidential Decree No. 22000, Feb. 2, 2015; Presidential Decree No. 20000, Feb. 1, 2015

The plaintiff's claim for the payment of the remaining 213,85,800 won after deducting the amount of 596,144,200 won already received while the contract amount was 68 billion won in the plaintiff's claim, on the premise of the total amount of 1 and the second construction cost of KRW 810,000,000.

The Plaintiff completed the instant construction work on July 9, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of KRW 213,85,800,000, except for the remainder of KRW 596,14,200, which the Plaintiff had already received from the Defendant or sunrise, and the delay damages therefrom, to the Plaintiff, unless there are special circumstances.

B. As to this, the Defendant asserted that the Plaintiff did not have any obligation for the remainder of the construction cost of this case, since the Plaintiff received KRW 810 million for the construction cost of this case from the Defendant and the sunrise.

In full view of the purport of the argument as a whole, the Plaintiff agreed to pay part of the construction cost of this case to the Plaintiff directly within the scope of sunrise and/or within the scope of sunrise as a whole, in full view of the statement as set forth in Dogs, Gap evidence No. 4, Eul evidence No. 1-1, and 2, and the result of the order to submit financial transaction information to the new bank of this court, and the purport of the entire argument, the Plaintiff was transferred from the Defendant to the Plaintiff as a sum of KRW 120 million on April 25, 2014, and KRW 90 million on June 18, 2014, and KRW 120 million on June 18, 2014, and six times from March 5, 2014 to September 3, 2014 under the name of the Plaintiff from sunrise.