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(영문) 광주지방법원 2020.04.01 2019나59607
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. From the defendant's summary of the plaintiff's assertion, the defendant was awarded a contract for construction costs of KRW 17,015,000 for the building costs of KRW 8,00,000 from the plaintiff, and the defendant was paid KRW 9,916,50 for the remainder of construction costs and damages for delay. The defendant is obligated to pay the plaintiff the remainder of construction costs of KRW 9,916,50 for the plaintiff.

B. Around September 2017, the Defendant’s assertion that the construction contract was concluded with Nonparty D with respect to the instant construction project amounting to KRW 8,00,000,000, and there was no fact that the construction contract was concluded with the Plaintiff regarding the instant construction project.

However, it is only that the construction cost has been paid to the plaintiff's account designated by D.

2. According to the purport of the Plaintiff’s evidence Nos. 2 and the oral argument, the Defendant deposited KRW 6,000,000 on September 14, 2017 with the Plaintiff’s account, KRW 200,000,000 on the same month, and KRW 6,000,000 on October 2, 10 of the same year, and paid KRW 2,00,000 on E., but it is acknowledged that the Plaintiff paid KRW 2,00,000 on the basis of the overall purport of the statement and oral argument as indicated in the evidence Nos. 1 and 1 through 3-2, the following circumstances are acknowledged, namely, when Nonparty D and the Defendant exchange text messages, notified the Plaintiff of the Plaintiff’s account under the Plaintiff’s name while requesting prompt progress of construction work, based on the Plaintiff’s written estimate to the Plaintiff’s customer, and the Plaintiff’s payment of KRW 10,000 on behalf of the Plaintiff’s Party E and the Plaintiff’s payment of construction price.

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