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(영문) 부산고등법원 2016.10.27 2016나1175
공사대금
Text

1. The judgment of the first instance, including the plaintiff's conjunctive claim added at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On February 22, 2011, Kunam Electricity Co., Ltd. contracted to the Defendant for electrical construction for the installation of cooling and heating machinery at KRW 77 million (including value-added tax) and completed the above construction work on April 201, 201.

On June 2, 2015, Hannam Electric Co., Ltd. transferred KRW 57250,000 to the Plaintiff, and sent the document verifying the contents thereof to the Defendant. The document was served to the Defendant around that time.

B. On October 28, 2011, the Plaintiff was awarded a contract for A remote inspection and wire-line installation work from the Defendant to KRW 77 million for the construction cost (including value-added tax) and completed the said construction work around September 2012.

[Ground of recognition] Gap evidence 1 (the defendant denies the authenticity of the above document, but it is recognized that the authenticity of the above document is established according to Gap evidence 6, 9, Gap evidence 2, Gap evidence 3 (the defendant denies the authenticity of the above document, but according to the purport of Gap evidence 2 and 4, Gap evidence 8, testimony and video of Gap evidence 8, witness Eul's testimony and whole oral argument of the court of first instance), Gap evidence 4 through 7, Gap evidence 9, each statement and video of Gap evidence 8, Eul evidence 8, testimony and whole oral argument of the court of first instance, and the purport of whole oral argument of the whole oral argument of the court of first instance.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The primary assertion that the Plaintiff received KRW 57,250,00 from Hannam Electric Co., Ltd., and completed the construction work that the Defendant received KRW 77,00,000 from the Defendant, and the Defendant is obligated to pay the said acquisition amount and the construction cost to the Plaintiff. 2) The said construction contract that was concluded between Won Nam Electric Co., Ltd. and the Defendant and the said construction contract that was concluded between the Plaintiff and the Defendant (hereinafter “each construction contract”).

Even if the defendant is liable to return to the plaintiff the amount equivalent to each construction cost of the above construction contract and damages for delay thereof.

(b) Judgment 1 primary.

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