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(영문) 전주지방법원군산지원 2020.02.14 2018가단58033
공사대금
Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. On March 10, 2016, the Defendant entered into a contract for construction works with a network D (the death on November 17, 2016, hereinafter “the network”) that runs the construction business under the name of “C” (the “C”), whereby the construction cost of the construction works for the building for the building on the ground of the Sinsan-si and two lots (hereinafter “the instant building”) was KRW 437,00,000, and the construction period was determined from March 10, 2016 to August 30, 2016.

B. Around April 2016, the Plaintiff was awarded a subcontract for construction cost of KRW 154,370,000 for the construction work, such as windows and metals, among the construction works to the Three Deputy Chiefs of Staff of the instant case.

C. On the other hand, around July 2016, the Defendant contracted the 2nd floor construction work (hereinafter “the instant 2nd floor construction work”) with respect to the 2nd floor (i.e., the Defendant drafted an additional construction contract between the Deceased and the Deceased on September 12, 2016, which increases the construction cost to KRW 600,000,00 and extends the construction period to September 30, 2016), and the Deceased subcontracted the Plaintiff with construction cost of KRW 63,101,50,00 of the instant 2nd floor construction work.

(2) In addition, the Plaintiff and the Deceased were to perform the instant subcontracted construction work, and the Plaintiff and the Deceased were to perform the instant subcontracted construction work. The Plaintiff and the Deceased and the Plaintiff were to perform the instant subcontracted construction work from July 2016, in addition to the instant Deputy Construction Work, which was conducted from around July 2016.

From March 14, 2016 to October 21, 2016, the Defendant paid a total of KRW 450,000 to the Deceased. The Deceased paid KRW 125,00,000 in total to the Plaintiff from April 21, 2016 to July 28, 2016. Meanwhile, the Defendant paid KRW 25,00,000 directly to the Plaintiff between October 4, 2016 and November 12, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, 2, and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. The plaintiff's assertion.

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