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(영문) 서울중앙지방법원 2019.09.18 2017가합561235

편취금 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On March 22, 2012, C entered into a contract for construction works, and construction works (including design, supervision, and hereinafter “instant construction works”) that newly build a multi-family house with the Defendant on the fourth floor in Seocheon-gu, Seocheon-gu, Seocheon-gu. D.

(2) After entering into a contract for construction works with the Defendant, the owner of the instant construction works changed from C to the Plaintiff. On July 25, 2013, the Plaintiff entered into a contract with the Defendant for construction works, setting the construction amount of KRW 891,060,844 (excluding value-added tax) and the construction period from September 24, 2012 to July 10, 2013 (hereinafter “instant contract”).

B. The Plaintiff paid KRW 475,00,000,000 to the Defendant as the construction price under the instant contract from May 1, 2012 to May 20, 2013. 2) Upon the request of the Defendant and the Defendant’s subcontractor, the Plaintiff paid KRW 381,00,000 to the Defendant’s subcontractor regarding the instant construction from May 9, 2013 to September 4, 2013.

3) From the beginning of August 2013, the Plaintiff sent a site manager to the instant construction site and directly managed the work process. 4) On August 7, 2013, the Defendant prepared and delivered to the Plaintiff a letter stating, “The Defendant, as the contractor of the instant construction project, shall endeavor to obtain the approval of use until September 31, 2013, as the contractor of the instant construction project, and, in the event that any difference arises between the money paid by the Plaintiff as the construction cost and the expenses paid to the site, the compensation measures (the amount shall be determined after mutual confirmation along with evidentiary documents recognized as the site input cost)” (hereinafter referred to as “each letter of this case”).

5 On August 31, 2013, the Plaintiff and the Defendant shall settle the accounts between the owner and the Defendant of the building on September 11, 2013, when comparing each of the documentary evidence of the owner and the Defendant of the building on September 14, 2013, and re-preparation it according to the adjusted amount after the settlement of accounts is completed.