logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2017.04.14 2016가합50116
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 21, 2014, Defendant and C entered into a contract for the construction of a new multi-household house on each land, such as D and Kimcheon-si E and F (hereinafter “instant loan”). The Defendant and C decided to terminate the said contract as D did not properly perform the construction work.

B. Around October 21, 2014, the Plaintiff, who was working for the instant Ba, at the construction site of D, agreed to perform the said Ba, and the Defendant and C entered into a contract with the Plaintiff, who borrowed the name of the Daelim Construction Co., Ltd. and the instant Bara on a scale of KRW 3.3 billion.

C. The Defendant: (a) newly built five multi-family houses on the ground of the Defendant-owned Kimcheon-si G, H, J, K-owned L, M, and N (hereinafter each of the above lands is indicated only as a parcel number); (b) on May 21, 2014, the Defendant entered into a contract with I and the contract amount of KRW 394,200,00, J and the contract amount of KRW 410,300,000, and the contract amount of K and the contract amount of KRW 344,30,000,000, and each of the construction period from October 30, 2014 to February 28, 2015.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 2 through 4, the purport of the whole pleadings

2. The Plaintiff’s assertion ① The Plaintiff became aware of the Defendant while entering into the instant contract on the loan, and support the construction work, such as supplying human and material to the 1studio 1 unit of the G land executed by the Defendant in the vicinity, by supplying the studio 1 unit of the instant land.

In relation to the above construction support, the amount paid by the Plaintiff is KRW 105,323,330.

[O, a partner of the defendant, recognized KRW 93,325,30 among them and written confirmation of construction cost(A No. 4).

arrow