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(영문) 광주지방법원 2020.11.19 2020나1024

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. In full view of each of the statements in Gap evidence Nos. 1 through 9 (including a serial number; hereinafter the same shall apply), the plaintiff completed 4 electrical construction works equivalent to the total construction cost of KRW 6,468,000 (hereinafter the "instant electrical construction") at the defendant's request and received KRW 1.5 million out of the above construction cost until September 4, 2018. The plaintiff thereafter received additional payment from the defendant.

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant is obligated to pay the construction cost of KRW 3,968,000 payable to the plaintiff, except in extenuating circumstances.

B. The gist of the Defendant’s assertion 1) is as follows: (a) the Defendant, not the Plaintiff, signed the instant electrical construction contract with the Plaintiff’s representative director C, and paid all the construction cost for the portion completed; and (b) the Defendant did not have any construction cost for the instant electrical construction; (c) the Defendant concluded the instant electrical construction contract with D, not the Plaintiff; and (d) the entire purport of the argument in addition to the evidence as seen earlier; (e) the Defendant signed the outstanding amount confirmation (Evidence A) stating that the amount of the instant electrical construction payment proposed by the Plaintiff was KRW 4,968,00; (b) the Plaintiff filed an application for electrical use with the Korea Electric Power Corporation as delegated by the Defendant on August 13, 2018; and (c) the Korea Electric Power Corporation transferred the instant electrical construction from October 11, 2018 to the Defendant’s building; and (d) the Defendant concluded the instant electrical construction contract with D and deposited all the construction payment or the payment of the construction price in accordance with D’s instructions.