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(영문) 서울중앙지방법원 2016.11.04 2016나515
공사잔대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is all dismissed.

3...

Reasons

1. The reasoning for the court’s explanation of the instant case seems to be that “the date of February 10, 2014,” as “the date of January 6, 2014,” as “the date of January 6, 2014,” as “the date of January 6, 2014,” and “the date of KRW 9,835,00,000, which the Plaintiff stated in the cause of the claim, is “the amount of KRW 9,853,580,” as “the amount of KRW 9,853,5

The phrase “9,853,580 won,” and the phrase “witness D” of the first instance court’s 10 of the same section, respectively, shall be read as “D’s witness for the first instance trial.” With respect to the Plaintiff’s primary claim, the supplementary argument added in the trial and the subsequent determination are as indicated in the reasoning of the judgment of the first instance, and thus, it shall be cited in accordance with the text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiff’s assertion regarding additional claim 1) The instant construction contract is not the original contract between the Plaintiff and the Defendant. G using the same trade name as “B” used by the Plaintiff is a contract entered into with the Defendant. Since G acquired the claim for remainder payment under the instant construction contract after the completion of all the construction works under the said contract, G acquired the claim for materials cost payment against the Defendant, and subsequently drafted the instant construction contract in the name of the Plaintiff at the Defendant’s request to recover the above claims. Accordingly, the defects related to the construction works completed by the implementation of the instant construction contract are not the Plaintiff’s responsibility, and there is no reason for the Plaintiff to provide the said repair with the first and second replacement works without compensation for the defect repair. In other words, after completion of the construction works under the instant construction contract between G and the Defendant, the Defendant shall pay the Plaintiff the construction cost incurred by the replacement work under the separate construction contract newly concluded by the Plaintiff and the Defendant.

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