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(영문) 부산지방법원 2020.04.29 2019나49588
공사대금
Text

1. A claim extended by the plaintiff in this court, a claim that has been altered in exchange, and a claim that was additionally added.

Reasons

1. Basic facts

A. On June 7, 2017, Defendant C and Busan, and Defendant B entered into a contract (hereinafter “instant contract”) with the construction cost of KRW 65,00,000,000 for the construction of the second floor neighborhood living facilities on land (hereinafter “instant construction”) on the following grounds: (a) the construction cost of KRW 10,000,000 for the instant construction project; (b) the advance payment of KRW 50,000,000 for advance payment; and (c) the payment of the remainder on the date when approval for use is submitted); and (d) the construction period of the construction period of KRW 3 months from July 1, 2017.

B. On June 16, 2017, Defendant C entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff and the instant construction work as the construction cost of KRW 50,000,000 (the contract amount of KRW 10,000, advance payment of KRW 70,000) and the construction period of the remainder shall be three months from July 1, 2017 to three months.

C. On December 2017, the Plaintiff prepared and issued a written waiver of construction (hereinafter “instant renunciation of construction”) stating that “C will waive all the rights to the remainder of the construction, and give up all the rights to the remainder of the construction” to Defendant B on December 26, 2017.

After that, Defendant B entered into a contract with a new construction business operator and completed the remaining construction work, and obtained approval for use of a building around September 2018.

E. Defendant C paid KRW 55,000,000 among the construction cost under the instant subcontract, and Defendant C paid KRW 40,000,000 to the Plaintiff out of the construction cost under the instant subcontract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 11, 14, 20, Eul evidence Nos. 1, 19, 23 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. As the Plaintiff’s assertion on the claim for the payment of unpaid construction cost has completed all of the instant construction work, Defendant C shall be unpaid to the Plaintiff.

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