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(영문) 광주지방법원 2019.12.06 2019나53951
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

[Claim]

Reasons

1. Basic facts

A. Around July 4, 2017, C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a contract with the Defendant for the construction of a fishery product processing plant on the land outside Jeonnam-do, Jeonnam-do (hereinafter “instant contract”) at KRW 2,117,852,00 for the price on the land outside Jeonnam-do and four parcels (hereinafter “instant contract”).

(hereinafter “instant contract”). (b)

On September 1, 2017, the Defendant finally changed the price for electrical construction during the said new construction (hereinafter referred to as “instant subcontracted construction”) to the Plaintiff on April 30, 2018 through a contract for change as of February 27, 2018 (construction) from September 1, 2017 to December 30, 2017 (construction commencement).

each determination and subcontract was made.

(hereinafter referred to as “instant subcontract”). (c)

On September 1, 2017, the Plaintiff started the instant subcontracted work and completed the said work on or around January 2018.

Around September 20, 2017, the Defendant paid the Plaintiff KRW 100,000,000 in total, around September 20, 2017, including KRW 50,000,000, around November 29, 201.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case with a satisfy number), the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the contract price of KRW 145,00,000 (=245,000,000 for the contract price - the contract price of KRW 100,000 for the contract price) and the damages for delay calculated at each rate of 15% per annum as stipulated in the Civil Act from December 11, 2018 to March 7, 2019, which is the day following the day when the copy of the complaint of this case was served to the Defendant as requested by the Plaintiff as of the completion date of the subcontract of this case, and as of the day when the copy of the complaint of this case was served to the Defendant, from March 7, 2019, which is the day when the copy of the complaint of this case was sentenced to the first instance judgment, to

3. Judgment on the defendant's assertion

A. The defendant's assertion that the contract of this case is excluded from the non-party company's electrical construction etc.

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