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(영문) 광주고등법원(전주) 2016.06.23 2015나100643
공사대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On October 12, 201, the Defendants concluded a lease agreement on the instant building with a limited liability company (hereinafter “Slon Industrial Development”) on the following grounds: (a) the Defendants leased the building D, E, 1, and 2nd floor (hereinafter “the instant building”); and (b) the Defendant C concluded a lease agreement on October 12, 201 with respect to the instant building; (c) the said remodeling industry development of KRW 800 million, out of KRW 1.4 billion; and (d) the Defendant C agreed to bear KRW 600,000,000,000,000.

B. On December 9, 2011, the Plaintiff entered into a construction contract with the content that the construction cost of KRW 168 million for electrical construction (excluding value-added tax), the date of commencement on December 10, 201, and around March 10, 2012 on the completion date, and around February 10, 2012, the amount of KRW 50 million for advance payment (hereinafter “instant contract”). The Plaintiff became a contractor for the said contract.

C. After that, on May 1, 2012, the Defendants drafted a letter of payment stating that “I swear that I will confirm the previous amount (128,000,000 won) as the balance of the electrical construction work for remodeling construction works at the Seocho-gu D Hospital in Seoul Special Metropolitan City, and pay no later than May 31, 2012, irrespective of F, the person related to construction works.” (hereinafter “instant letter of payment”).

The plaintiff was paid the construction cost of KRW 40 million from the development of the learning industry, and the construction of this case was completed thereafter.

E. On the other hand, the Plaintiff received KRW 88 million from the development of learning industry as a deposit passbook in the name of G, the representative, on October 18, 201, and KRW 132 million on October 21, 201. Of the above money, KRW 80 million was remitted to the Defendant C on October 28, 201, and KRW 6 million was again remitted to the Defendant on October 28, 201 to the Defendant’s wife on October 18, 2011, and KRW 40 million was again remitted to the Defendant on October 27, 2011, and KRW 6 million was again remitted to the Defendant on October 28, 201.

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