beta
(영문) 창원지방법원 2019.05.16 2018가단103047

공사대금

Text

1. The Defendant’s KRW 62,639 as well as the Plaintiff’s annual rate from March 7, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff engaged in construction business under the name of “C”, and the Defendant is the owner of screen golf clubs located in “C”, and the Plaintiff was awarded a contract with the Defendant for the mash treatment and the test construction of the restaurant located in “G” located in “G” located in the Kim Sea-si, Kim Jong-si, Seoul, on April 2017. On the other hand, around May 2017, the Plaintiff was awarded a contract with the Defendant for the remodeling construction of the screen golf course (hereinafter “instant construction”).

The Plaintiff and the Defendant concluded a contract for construction only to the extent that the actual cost is settled without setting the specific contract price.

(hereinafter “instant construction contract”). B.

(1) The Plaintiff completed the instant construction from May 2017 to July 2017. 2) The Defendant appears to be a company operated by the Defendant.

On May 18, 2017, the Plaintiff transferred KRW 50 million, KRW 50 million on June 9, 2017, and KRW 50 million on June 30, 2017, and paid KRW 150 million in total to the Plaintiff as construction cost.

C. 1) The Plaintiff and the Defendant, due to the difference between the construction cost requested by the Plaintiff and the construction cost to be paid by the Defendant, were disputed after the completion of the instant construction work. 2) On August 28, 2017, the Plaintiff delegated the Plaintiff to E a claim for the construction cost under the instant construction contract.

3) On November 10, 2017, the Plaintiff’s title “written confirmation of the payment of construction cost” and “written confirmation” is as follows (hereinafter “instant agreement”).

was prepared and delivered to the defendant.

B I A B AJ L L

D. The defendant's direct payment of the construction price seems to be a business entity run by H or M.

Under the name of N Co., Ltd. on October 23, 2017, KRW 10,377,361, and KRW 25,300,000 toO on October 23, 2017, and KRW 27,50,000 to P Co., Ltd. on November 22, 2017, and KRW 6,160,000 to R on December 22, 2017.