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서울북부지방법원 2015.06.30 2014나6228

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant asserts to the effect that the lawsuit of this case against the defendant is unlawful, since it is not a party to the contract for construction work with the plaintiff.

However, in a lawsuit for performance as in the instant case, the plaintiff's standing to be the defendant is against the person asserted as the performance obligor (see, e.g., Supreme Court Decision 95Da18451, Nov. 28, 1995), and there is no other evidence to deem the instant lawsuit unlawful. Thus, the defendant's defense against the principal safety is without merit.

2. Judgment on the merits

A. (1) On July 24, 2012, the Defendant: (a) concluded a contract with C for the construction work of the construction work of the five-story building on land (hereinafter “new construction work of the instant building”) outside of Seoul, Jung-gu, Seoul (hereinafter “instant construction work”); and (b) from August 31, 2012 to December 25, 2012, with the construction cost of KRW 388,50,000; and (c) the construction period of the construction work.

(2) The Plaintiff supplied C with the construction cost of KRW 15,164,000 for the construction cost of the construction work of the instant building.

(3) The Plaintiff, upon receiving down payment of KRW 5 million from C, suspended construction due to C’s failure to pay the remainder of the construction cost at the time. The Defendant, upon completion of the installation work of the instant Washington, completed the construction work on the ground that C would be responsible for paying the said construction cost. The Plaintiff completed the installation work of the instant Washington, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1, Eul evidence 1, testimony E by the court of first instance, purport of whole pleadings

B. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant shall pay 10,164,000 won (=15,164,000 won - 5 million won) out of the construction cost of the instant Washington, etc. to the Plaintiff, barring any special circumstance, and shall be from March 25, 2014 to the date of full payment after the date on which the copy of the instant complaint was served to the Defendant, as sought by the Plaintiff, as requested by the Plaintiff.