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Reasons
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(영문) 광주지방법원 2014.12.12 2013나8331
공사대금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On January 201, 201, the Plaintiff’s summary of the Plaintiff’s assertion was awarded a subcontract for KRW 58,000,000 for the construction of steel frame, board, and golf net (hereinafter “instant construction”) from Nonparty C, the Defendant’s agent, to the Defendant’s agent.

Since the Plaintiff received only KRW 41,627,00 among the above construction costs, the Defendant is obligated to pay the remainder of the construction cost (=58,000,000 - KRW 41,627,000) to the Plaintiff and delay damages therefrom.

B. On December 30, 2010, the Defendant: (a) was awarded a contract for the “D golf practice range extension construction work” from Dododo-gun to KRW 83,892,690 (the change to KRW 80,717,510 after drilling); and (b) the Defendant paid a lump sum subcontract to C for KRW 80,550,000; and (c) did not conclude the instant construction contract with the Plaintiff.

2. The testimony of the witness C at the trial as shown in the Plaintiff’s argument is insufficient to acknowledge that C subcontracted the instant construction work to the Plaintiff as the Defendant’s representative, and there is no other evidence to acknowledge it otherwise. The evidence submitted by the Plaintiff, such as the evidence Nos. 5 and 6 (including serial numbers; hereinafter the same) is insufficient to acknowledge that C subcontracted the instant construction work to the Plaintiff as the Defendant’s representative.

Rather, comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 and 6, the Defendant: (a) transferred the total amount of KRW 76,650,000,000 to the E’s account, which is a father’s father, from January 31, 201 to October 13, 2011; and (b) KRW 3,900,550,000,000, to the Plaintiff’s account upon a request for direct payment of office from C on March 28, 2011; and (c) paid all the construction cost under a blanket subcontract concluded with C upon the Plaintiff’s request for a direct payment of office; and (d) the Plaintiff paid at the Plaintiff’s request for a payment of office.

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