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(영문) 서울중앙지방법원 2018.10.30 2017나64400
공사대금 반환
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

3. Text of the judgment of the court of first instance;

Reasons

1. On March 20, 2014, the Plaintiff and Defendant C entered into a contract for construction works with each of the period from March 24, 2014 to August 23, 2014 (hereinafter “instant new construction contract”) with respect to the construction works of new logistics warehouses D with the wife population D, which the Plaintiff orders on March 20, 2014, with respect to the construction works of new logistics warehouses, the contract amounting to KRW 3,300,000 (amended to the contract amount of KRW 3,80,000,000 on November 25, 2014), and the Defendant C Co., Ltd carried out the construction works of the said new logistics warehouse.

On January 2, 2015, the Plaintiff and the Defendants (Defendant B is an employee of Defendant C) concluded a contract for construction work with an additional contract amount of KRW 8,000,000 with respect to the construction work of the office in the said logistics warehouse (the office of office, etc. separate from the new construction work of this case) (hereinafter “instant contract for construction work”). The Plaintiff paid the Defendants KRW 77,000,000,000, including the total amount of KRW 55,000,000 on January 2, 2015 as advance payment for the said office work (hereinafter “instant contract for construction work”).

On the other hand, on January 30, 2015, Defendant B prepared a loan certificate stating that “50,000,000 won from the Plaintiff shall be 10% per annum and 30% per annum, and shall be borrowed at 50% per annum,” and the Plaintiff wired KRW 55,00,000 to the F Bank account of Defendant C Co., Ltd. on the same day.

The Defendants suspended the progress of construction without completing the above office construction. The actual construction cost for the part of the above office construction completed by the Defendants under the contract for the interior work of this case is KRW 50,874,088 (i.e., the construction cost for the part of the Plaintiff’s assertion that is included in the above office construction cost of KRW 37,964,492 (i.e., toilet lock, stairs licking, and reinforced glassing construction cost of KRW 12,909,596). As to this, the Plaintiff did not include the part of the toilet lock, stairs licking construction, and reinforced glassing construction within the scope of construction under the instant newly constructed construction contract, but rather within the scope of construction under the instant newly constructed construction contract.

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