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(영문) 청주지방법원 2019.08.22 2017가단110038
공사대금
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Defendant (Counterclaim Plaintiff) B is the Plaintiff.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. Around May 2015, the Plaintiff concluded a construction contract with Defendant B for a construction project of KRW 560,000,000 for the construction cost as to the construction project of the Cheongju-si District D Ground E-Site (hereinafter “instant construction project”).

B. Defendant B from June 1, 2015 to the same year

6. From July 8, 2015 to November 16, 2015, the Plaintiff directly paid KRW 185 million to the F in charge of the instant construction work. From July 8, 2015 to November 16, 2015, the Plaintiff transferred the construction cost of KRW 375 million to F. The Plaintiff paid KRW 250 million among them to F.

C. Around January 18, 2016, Defendant B had undergone a completion inspection on the Egyptian building, and subsequently completed registration of initial ownership around February 2016.

Around January 20, 2016, Defendant B drafted a standard contract agreement on construction works between Defendant B and F, stating the construction cost of KRW 575 million with respect to the instant construction works and the construction period from May 22, 2015 to September 28, 2015, retroactively as of May 20, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, Eul 1 through 3 (including, if any, any), the witness F's witness F's testimony, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the construction work in this case was executed in the form of a direct construction work at the request of the Defendants for the construction cost of KRW 560 million. The Plaintiff remaining KRW 67,813,690 out of the total construction cost of KRW 560,000, which was paid to the Defendants and paid for internal interior interior interior decoration and purchase of office fixtures. As the Plaintiff’s funds additionally disbursed KRW 22,874,878 out of the total construction cost, the Defendants asserted that the Defendants are liable to pay the construction cost.

When the Defendants filed a counterclaim seeking compensation for delay, the Plaintiff concluded a contract for construction with the Defendants is not F, but the Plaintiff was delegated by the Defendants as a supervisor.

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