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(영문) 인천지방법원부천지원 2014.10.24 2014가합2616
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 146,117,329 to the Plaintiff (Counterclaim Defendant) and its related amount from March 1, 2014 to October 24, 2014.

Reasons

1. Determination on the main claim

A. If the purport of the entire pleadings is added to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff entered into a contract with the Defendant around June 2012, and the Plaintiff entered into a contract with the Defendant for the new construction of high-si C and multi-household housing (hereinafter “instant construction”) for the total construction cost of KRW 690,909,091 (excluding value-added tax). The instant construction is recognized as completed on or around February 5, 2013, and the Defendant directly paid the subcontractor of the instant construction amount of KRW 457,96,808, and the Defendant paid the Plaintiff KRW 18,344,00 as the construction cost of the instant construction to the Plaintiff.

(1) The Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 214,598,283 (i.e., the construction cost of the instant case - KRW 457,96,808 - KRW 18,34,000), which is a part of the Plaintiff’s request, as requested by the Plaintiff, although the Defendant asserted that the instant construction contract was not actually existed between the Plaintiff and the Plaintiff, and the Defendant directly lent the Plaintiff’s name. However, the evidence submitted by the Defendant alone is insufficient to acknowledge the said assertion, and there is no other evidence to acknowledge it. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of the instant case - KRW 214,598,283 (i.e., the construction cost of the instant case - KRW 457,90

B. The defendant's assertion 1) The defendant's assertion on the additional payment of the construction cost is the amount of 108,453,454 won (=56,420,262 won - 457,966,808 won) exceeding the amount of 108,453,454 won (=56,420,262 won - 457,966,808 won) paid to the subcontractor of the instant construction project.

In addition, the Defendant’s entire purport of pleading was added to each entry of evidence Nos. 8, and evidence Nos. 1 and 5, the instant construction project from June 20, 2012 to April 3, 2013.

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