beta
(영문) 부산지방법원 2016.08.18 2015가단233339

공사대금

Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and 5% per annum from March 1, 2015 to October 15, 2015; and (b) the Plaintiff.

Reasons

1. On January 30, 2015, the Plaintiff: (a) received a contract for the creative metal construction work from January 30, 2015 to February 28, 2015; (b) re-subcontracting a part of the above construction work to D (representative E) for the construction cost of KRW 50.00,000 (excluding value-added tax) on the same day; and (c) on May 18, 2015, the Defendant agreed with the Plaintiff and D to pay the construction cost of KRW 55,00,000 (including value-added tax) the Plaintiff did not directly pay to D; or (d) the fact that there was no dispute between the Plaintiff and D during the period of direct payment of the construction cost of KRW 5,00,000 (including value-added tax) that the Plaintiff did not pay to D; or (e) may be recognized by the statement in the evidence Nos. 1 and 3.

2. The party's assertion and judgment

A. The Plaintiff asserts that the Defendant is obligated to pay the Plaintiff the construction cost of KRW 10,000,000 and the delay damages therefor, as the Plaintiff completed the remainder other than the sub-subcontracting part to D, among the creative metal works subcontracted by the Defendant (hereinafter “instant construction works”).

As to this, the Defendant asserted that the Plaintiff did not commence the instant construction work after the lapse of the construction period, and that it did not have any obligation to pay the construction price to the Plaintiff, since the Defendant directly continued construction works or subcontracted to another business.

B. There is evidence No. 2 that corresponds to the evidence that the Plaintiff completed the instant construction work within the construction period.

The evidence No. 2 (hereinafter referred to as the "written confirmation of this case") is written in the name of the written statement as of September 2015, that "I will confirm that the plaintiff has completed the Chang Metal Construction Work within the contract period, and the person who made the statement is unable to pay the construction amount to the plaintiff and D because he could not receive the construction amount from the owner," and the defendant's employee seal is affixed to the F side of the representative director of the B Co., Ltd., which is the statement, and the preparing person is the defendant directly as the defendant.