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Reasons
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(영문) 대구지방법원 2019.04.19 2017가단17631
공사대금
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1. The Defendant’s KRW 18,916,00 for the Plaintiff and KRW 6% per annum from May 18, 2016 to April 19, 2019.

Reasons

1. Facts of recognition;

A. On April 14, 2016, the Plaintiff borrowed the name of the network D (hereinafter “the network”) that engaged in wholesale and retail business, such as building materials, in the name of “C”, and received a contract from the Defendant for G&D (hereinafter “instant construction”) from the Defendant on April 14, 2016.

B. The main contents of the construction contract concluded between the Deceased and the Defendant on April 14, 2016 (hereinafter “instant construction contract”) are as follows.

5. Contract amount: 80 won per km (excluding value-added tax) - 13. Other matters:

2. Deduction of the amount equivalent to the working expenses when the sn beamline has fallen in the value of goods at the work;

C. On April 25, 2016, the Defendant remitted KRW 10,000,00 to the deceased’s account under the name of the deceased. The Deceased and the Plaintiff completed the instant construction work around May 17, 2016.

On October 12, 2016, the Deceased died, and on July 13, 2017, the Plaintiff, one of the heirs of the Deceased, inherited his/her claim for the construction cost against the Defendant solely due to the division of inherited property by agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 10, Eul evidence 3 (including branch numbers), witness H's testimony and purport of whole pleadings

2. Summary of the parties’ assertion

A. Since the Plaintiff’s sn beamline removed 661,450km by performing the instant construction work, the Defendant ought to pay KRW 52,916,00 to the Plaintiff who inherited the Deceased pursuant to the instant construction contract (=61,450km x 80 won).

However, the Deceased received KRW 15,00,000 from the Defendant, and the Defendant paid KRW 2,000,000 to the Plaintiff who inherited the Deceased and KRW 5,00,000 to the J respectively, which eventually the Defendant paid KRW 30,916,000 to the Plaintiff (i.e., KRW 52,916,000 - KRW 15,000,000 - KRW 2,000,000 - KRW 5,000,000), and damages for delay.

B. The Defendant’s payment of KRW 80 per kg to the sn beamline removed to the Deceased is a situation in which the h beamline removed can be reusable.

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