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(영문) 대전지방법원 2015.11.06 2015나2834
공사대금
Text

1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff falling under the revoked part is the defendant.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation that engages in housing construction and sales business by making Q building 510 as its head office in Kimpo-si, Kimpo-si, and Defendant C is a person who entered Defendant B on March 1, 2009 and uses the position of the president of the Jeonju District.

B. Around March 2011, Defendant C entered into a contract for the construction of the G Hospital in the name of Defendant B with respect to the construction of the G Hospital in the Daejeon Sung-gu medical corporation F (hereinafter “G Hospital Corporation”). The Plaintiff subcontracted part of the G Hospital Corporation’s construction work (hereinafter “instant construction work”) and performed the instant construction work from April 201.

C. On October 14, 2011, the G Hospital Corporation was suspended from construction due to the failure to pay the construction cost of D, and the Defendant C drafted a written agreement on the construction division of G Hospital Corporation between D and D around December 201. At the time of the formulation of the said written agreement on construction division, the part of the instant facility was adjusted to KRW 120 million.

After that, H completed the construction after continuing the G Hospital construction.

H transferred KRW 110 million, excluding KRW 10,000,000,000,000,000 for the materials paid by D, out of the settlement amount of the portion of the instant facility works executed by the Plaintiff upon completion of construction work from D, to the account under the name of the wife J on April 9, 2012. Defendant C paid KRW 19,402,801 to the Plaintiff via K employed as the site manager of G Hospital Corporation as the site manager.

E. On the other hand, around April 201, Defendant C entered into a new construction of the Daejeon Mo building under the name of Defendant B (hereinafter “M building construction”) with L, and the Plaintiff entered into a subcontract for the part of the construction of the M building.

F. Until June 1, 2012, the Plaintiff, from K, the site manager of M building construction works, as construction cost for M building installation works executed by the Plaintiff, is 274,07.

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