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(영문) 창원지방법원 2018.12.13 2018나51789
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. C newly constructs the Defendant’s inspection specifications of the second floor (hereinafter “the instant inspection”) at the Defendant’s temple B located in C at the time of discussion, and then ordered the Defendant to submit it to the Defendant. On July 18, 2014, in the Defendant’s well-known room, the Plaintiff and the Defendant’s well-known E, etc., entered into an agreement with the Defendant to the effect that “the instant construction works for the instant religious hall and the Plaintiff related thereto are executed. The contractor C pays KRW 150 million for the construction work and bears the Defendant’s responsibility at the time of the occurrence of the additional construction work” (hereinafter “instant agreement”).

B. Around February 2015, the Plaintiff completed the instant dismissal and delivered it to the Defendant.

C. The Defendant paid KRW 20 million to the Plaintiff regarding the new construction of the instant religious hall.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply), video and the purport of the whole pleadings

2. The assertion of the parties and their determination

A. 1) The Plaintiff’s assertion 1) The Plaintiff concluded a new construction contract of this case with the Defendants as KRW 150 million. The Defendant is a contractor for the new construction project of this case, and C is a contractor for the new construction project of this case, and C is a contractor for the new construction project of this case, and the Defendant is jointly and severally liable with C to pay the Plaintiff the unpaid construction cost of KRW 130 million (i.e., the construction cost of KRW 150 million - the Defendant paid KRW 20 million) to the Defendant. 2) The Defendant’s assertion that the Defendant did not have concluded a new construction contract of this case with the Plaintiff, and C concluded the said construction contract with the Plaintiff and decided to issue a new order to the Defendant by constructing the instant paper.

The additional construction cost exceeding KRW 150,000,000 paid to the Plaintiff is paid by the Defendant in accordance with the agreement that the Defendant bears.

B. We examine the judgment, Gap evidence 6, Eul evidence 1, Eul evidence 1, and the purport of the whole pleadings.

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