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(영문) 서울서부지방법원 2017.08.17 2016나5010

공사대금

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

1. Summary of the parties' arguments

A. On September 2015, the Plaintiff asserted that the construction was subcontracted to KRW 12,650,000 among the construction works for the extension of a building B located in Yongsan-gu, Yongsan-gu (hereinafter “instant extension works”) in Yongsan-gu (hereinafter “instant extension works”), but only KRW 5,00,000 for the construction cost was paid.

Therefore, the defendant is obligated to pay the remaining construction cost of KRW 7,650,000 and damages for delay to the plaintiff.

B. Although the Defendant’s assertion that part of the instant extension work was ordered to be subcontracted to C Representative D, there was no fact that the Plaintiff subcontracted to the Plaintiff, and since the subcontract price for D was paid in full, the Plaintiff’s claim cannot be accepted.

2. Determination

A. In addition to the purport of the argument as to Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and Eul evidence Nos. 1 and witness witness Eul's testimony, the defendant entered into an implementation agreement with D to execute the above construction work with D around June 23, 2015, and ordered D to execute the said construction work by giving it to the managing director of the defendant company. The plaintiff received the name of the defendant's managing director from D and submitted a written estimate on the tin (which is equivalent to KRW 12,650,00) among the extended construction of this case from September 2015 to September 2015, and submitted a written estimate on the tin construction (which is equivalent to KRW 12,650,00) among the extended construction of this case to the defendant, and the plaintiff issued a written request and a tax invoice for the construction work of tin to the defendant, and the defendant may directly pay the construction price of tin to the plaintiff on September 2015.

B. The following circumstances revealed from the above fact of recognition, namely, the Plaintiff, knowing D as the Defendant’s managing director, sent a written estimate of tin construction to the Defendant at the request of D, and obtained approval from the Corporation.