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(영문) 창원지방법원 2017.01.12 2015가합32851
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2012, Defendant B completed the registration of ownership transfer on D forest land 1,534 square meters, E field 225 square meters, F prior to 3,68 square meters, G field 635 square meters (hereinafter “instant land”).

B. On October 25, 2013, the Plaintiff entered into a contract for the civil engineering works of the instant land entered in Defendant C’s name as follows.

(hereinafter referred to as the “instant construction contract”). A contractor: Defendant C (a contractor is specified as the Plaintiff in the contract but appears to be a clerical error of Defendant C, although the contract is specified as the Plaintiff.

2) The contractor: The plaintiff (the contractor stated in the contract as defendant C, but appears to be a clerical error in which the contractor and the contractor are opposed thereto).

C. The Plaintiff received a total of KRW 157 million from the Defendants as follows.

① Defendant C: (a) KRW 60 million on March 6, 2014; (b) KRW 15 million on May 29, 2014; and (c) Defendant B (based on recognition) KRW 12 million on June 10, 2014; and (b) Defendant B (based on recognition); (c) did not have any dispute over Defendant B [Defendant B] on March 31, 2015; (d) entry of evidence Nos. 7, 9, and 11; and (e) the purport of the entire pleadings;

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff concluded the instant construction contract with Defendant C, the agent of Defendant B, separately setting the value-added tax as KRW 440 million and completed the instant construction work after concluding the instant construction work. 2) After concluding the contract, the Plaintiff entered into a contract with the Plaintiff for the construction of access roads to secure access roads to the instant land (hereinafter “instant additional construction”) as KRW 100 million and completed the instant additional construction work.

3) However, the Plaintiff received only KRW 157 million from the Defendants, among the construction cost of the instant case: KRW 484 million (the construction cost of the instant case : KRW 484 million x 100 million x 1.1). The Plaintiff is jointly and severally liable against Defendant B, who is the actual party to the instant construction contract and the instant additional construction contract, and as a party to the instant construction contract and additional construction contract.

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