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(영문) 의정부지방법원 2021.02.04 2020나205371
공사대금
Text

Of the judgment of the court of first instance, the part against the plaintiff as to the amount of order to pay below.

Reasons

1. Basic facts

A. The Plaintiff is operating a interior contractor with the trade name of “I”.

B. From December 2018, the Plaintiff continued to operate the “E kindergarten classroom creation and restaurant construction (hereinafter “instant construction”)” operated by Defendant B from around December 2018, without completing a part of the construction work around January 2019.

(c)

On December 2, 2018, the Plaintiff performed restoration work (hereinafter “instant 2 Corporation”) on the original part of “F” operated by Defendant D (hereinafter “F”) and completed construction work on December 26, 2018.

(d)

Defendant D paid the Plaintiff KRW 6,600,000 as the construction cost of the instant 2 construction project.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 7, 9, 10, Eul evidence Nos. 3 and the purport of the whole pleadings and arguments

2. The parties' assertion

A. Defendant B, upon introduction of G, concluded the contract for the instant construction work with the Plaintiff at KRW 266,928,871. While the Plaintiff completed the construction work on January 2019, Defendant B did not pay the remainder of KRW 126,928,871, since Defendant B did not pay the Plaintiff the remainder of KRW 126,928,871, while Defendant B was obligated to pay the Plaintiff a delay damages.

2) Since the Plaintiff, not Defendant B, entered into a contract for the instant construction project with G, the parties to the contract for the instant construction project are G, not the Plaintiff, and the Plaintiff is a subcontractor of G, the Defendant B is not obligated to pay the construction cost to the Plaintiff.

B. Defendant D’s claim 1) The Plaintiff and Defendant D concluded a contract for the construction work of the instant case No. 2 with the Plaintiff at KRW 34.1 million.

Although the Plaintiff completed construction works on December 26, 2018, Defendant D did not pay the remainder of KRW 27.5 million to the Plaintiff, Defendant D is liable to compensate the Plaintiff for damages incurred by delay.

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