(영문) 서울남부지방법원 2015.05.14 2014나9927

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(영문) 서울남부지방법원 2015.05.14 2014나9927

공사대금 등

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 11, 2013, the Plaintiff entered into a contract with the Defendant to set the contract amount of KRW 277,000,000 with the Seo-gu Seoul Metropolitan City D Urban Residential Housing Corporation (hereinafter “First Corporation”) as the contract amount of KRW 277,00,000. On January 14, 2013, the Plaintiff entered into a contract with the Defendant to change the total construction cost of KRW 301,00,000 by adding the aforementioned amount to KRW 24,000,000.

However, the above contract was concluded in the name of C, the representative director of the plaintiff, but the actual contractor is the plaintiff.

B. In addition, on April 17, 2013, the Plaintiff entered into a contract with the Defendant for the part of the steel processing assembly elements (hereinafter “second construction”) among the new construction of Kimpo-si E-Seoul Middle School Teachers and the ancillary construction work (hereinafter “second construction work”) with the Defendant for KRW 375,705,00 of the contract amount.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion ① During the construction work under the contract for the first construction work, the Defendant refused to perform the work as the payment for the construction work that was paid by the Plaintiff and the wages of the field employees employed by the Defendant, and thus, the Corporation was interrupted from August 2013. ② In violation of the special terms and conditions that the Defendant should not employ illegal workers in performing construction work under the contract for the second construction work, the Plaintiff was found to have paid excessive KRW 39,568,510 to the Defendant on August 12, 2013.

Therefore, the defendant is obligated to pay to the plaintiff 60,154,513 won (20,586,003 won + excessive amount related to the second construction 39,568,510 won) and damages for delay.

B. (1) However, it is not sufficient to acknowledge the Plaintiff’s above, 1, and 2, and there is no evidence to prove otherwise.

(2) On the other hand, the purport of the entire pleadings is as follows.

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