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(영문) 대전지방법원 2015.06.05 2014나14519

공사철거비용

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 2, 2010, Defendant B Co., Ltd. D (hereinafter “D”) concluded a subcontract agreement with the Plaintiff regarding the “F (hereinafter “instant building”) among the construction works for extension and remodeling of the building located in Daejeon E (hereinafter “instant construction”) ordered by the Plaintiff on September 2, 2010 (hereinafter “instant construction works”). G, which concluded a contract for the instant construction works, entered into with the Plaintiff on the relationship between G and Heneco Co., Ltd. (hereinafter “Leneco”), with the construction cost of KRW 97,00,000 and the construction period of KRW 97,00,000 and November 30, 2010.

B. On July 7, 2010, H Co., Ltd. (hereinafter “H”) operated by Defendant C (hereinafter “the instant construction”) concluded a subcontract with G on July 31, 2010 for the term of “electric construction (including fire fighting and communications)” and for the term of KRW 385,00,000 for construction cost and construction cost, and for the term of September 30, 2010 for the instant construction work, it entered into a subcontract with G again on August 31, 2010 by changing the said contract to the construction cost of KRW 226,00,000 for construction period and the period of construction period of November 30, 2010.

C. The contractor of the instant construction changed from the new sampling comprehensive construction on September 10, 2010 by G to uco. D.

The Plaintiff was convicted on December 24, 2013 in the Daejeon District Court case No. 2014No161, Sept. 25, 2014, Daejeon District Court Decision No. 2011Da3223, Dec. 32, 2011, which was prosecuted on suspicion that he had acquired the amount equivalent to the construction cost by deceiving G due to the failure to pay the construction cost, and combined with other cases, and was sentenced to the judgment of conviction on December 24, 2013 in the Daejeon District Court Decision No. 2015, Sept. 25, 2014, which was the appellate court of Daejeon District Court No. 2014No161, Sept. 25, 2014.