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(영문) 대구지방법원 2015.08.27 2014나22

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff 15,764,988 won and the defendant shall pay to the plaintiff on October 201.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of manufacturing and installing steel structures under the trade name of “C,” and the Defendant is a person engaged in the double-generation business under the trade name of “D.”

B. On November 12, 2010, the Plaintiff entered into a contract with the Defendant on the following terms with respect to the new construction of a stable on the land outside E and one parcel (hereinafter “instant stable”).

Commencement: The method of payment of the purchase price of KRW 175,00,00 (excluding value-added tax): The method of payment of the purchase price of KRW 175,00,000 (excluding value-added tax): The matters under a special contract for cash payment (payment simultaneously with the receipt of the purchase price of the project at the same time) within 15 days after the completion of the construction: the public works and management Dong (hereinafter “instant management Dong”) (hereinafter “instant management Dong”) shall be settled after execution and paid in cash.

C. Around February 2011, the Plaintiff completed the instant stable and management Dong construction. The Defendant paid the Plaintiff KRW 190,000,000 as the construction price on February 17, 201, and KRW 10,000,000 on March 10, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 through 7, 9, 10 (including each number, hereinafter the same shall apply) or video, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was initially awarded a contract with the Defendant only for the steel framed and external construction of the instant livestock shed. For the civil engineering work of the instant livestock shed, G and H were introduced to the Defendant for the instant construction work.

However, the Plaintiff, however, due to the Defendant’s financial difficulties, paid to G and H the cost of civil engineering works of the instant livestock shed and the cost of construction works of the instant management consent, and subsequently, decided to settle the cost of civil engineering works of the instant livestock shed and the cost of construction for the instant management consent after the Defendant and the instant livestock shed.

Therefore, the defendant is obligated to pay the plaintiff the cost of civil engineering works of the livestock shed in this case and the cost of construction works of the management consent in this case on the basis of the expenses actually paid by the plaintiff, and the plaintiff is also obligated to pay the livestock shed in this case