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(영문) 춘천지방법원 2018.10.16 2017나53658
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 1,000,000 won and 1,000 won.

Reasons

1. Presumed factual basis

A. On March 5, 2016, the Defendant entered into a contract with C on March 5, 2016, for the payment of KRW 100 million (excluding value-added tax) from C, including D, Chuncheon-si, and five lots (hereinafter “instant construction site”).

B. In March 2016, the Defendant subcontracted to the Plaintiff the part of the reinforced soil storage work (area 240 square meters) among the construction works contracted by C around the end of March, 2016.

C. The Plaintiff performed the instant construction work at the site of the instant construction, but was paid only KRW 32,700,000 out of the construction cost agreed with the Defendant and C, as KRW 33,700,000.

In addition to the construction of reinforced soil piling up, the Plaintiff performed the construction of planting block piling up in part of the instant construction site (area 177.5 square meters), and received KRW 18,00,000 from the Defendant and C as the construction cost.

【Fact-finding without a dispute over the grounds for recognition, entry of the evidence No. 1, testimony of C by the witness of the first instance trial, and purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion 1) The Defendant: (a) subcontracted to the Plaintiff the reinforced soil piling work and the planting block piling work; (b) agreed to pay KRW 110,00 per 1 kilometer per 1 kilometer; (c) Nevertheless, the Defendant did not pay the Plaintiff KRW 1,525,00 out of the construction cost for the reinforced soil piling up of KRW 33,700,000, and the construction cost for the planting block piling up of KRW 19,525,000 (17.5 square meters x 110,000 per 110,000 won; (d) the Plaintiff did not pay KRW 98,000,000 per 1,623,000 won for the unpaid construction cost for the Defendant based on the construction contract; (e) the construction cost for the Defendant did not directly pay KRW 1,60,000,000, KRW 75,005,00 per 7,00 per 37.

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