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(영문) 서울동부지방법원 2018.07.11 2017가단18249
공사대금
Text

1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate from November 3, 2016 to September 14, 2017, and the following.

Reasons

1. Basic facts

A. (1) The Defendant is the owner of the publicly notified tele-building, which was newly constructed in C and three parcels at the time of the strike.

(2) On September 9, 2015, the Defendant entered into a contract for the remainder of the building in question on or around December 2015, with respect to D Co., Ltd and D Co., Ltd. E and D Co., Ltd.’s site manager, and paid the construction price to E.

(3) On September 22, 2016, the Plaintiff entered into a contract for the construction and steel construction of the said E and the said building (hereinafter “instant construction”) and completed the instant construction work on or around February 15, 2017.

B. As to F Corporation, the Plaintiff and the Defendant concluded a contract for F Corporation in Songpa-gu Seoul. The Defendant did not pay the Plaintiff KRW 2,000,000 out of the said construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion was suspended due to the Plaintiff’s failure to pay the construction cost, and the Defendant settled the Plaintiff’s construction cost at KRW 86,00,000,000, and the Defendant paid the Plaintiff KRW 45,000,000 on November 3, 2016, and paid the Plaintiff KRW 3,000,000 on January 11, 2017, and the Defendant completed the instant construction. As such, the Defendant should pay the remainder of the remainder to the Plaintiff and delay damages therefrom.

In addition, the defendant should pay to the plaintiff the remainder of the construction price of F 2,000,000 won and damages for delay.

3. Determination

A. Although the Plaintiff completed the instant construction project as seen earlier, the Plaintiff and the Defendant settled the instant construction cost only with the entries in the evidence Nos. 3 through 9, and witness E’s testimony.

It is insufficient to recognize that the Defendant promised to pay the price directly to the Plaintiff, and there is no other evidence to acknowledge this, and the Plaintiff’s assertion is without merit.

B. As to F Corporation, the Defendant paid 2,000,000 won out of the F Contract price to the Plaintiff.

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