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Reasons
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(영문) 서울고등법원 2016.05.26 2015나2060076
공사대금
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1. The part of the preliminary claim in the judgment of the court of first instance is revoked, and the plaintiff's lawsuit is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. On March 21, 2013, the payment method of the construction cost of KRW 170 million from March 21, 2013 to June 30, 2013, the construction period of which was completed, KRW 20 million, the payment method of KRW 150 million in cash, on March 30, 2013, the payment of KRW 150 million in cash, on March 30, 2013, is KRW 150,000 in the construction site, prior to ownership transfer of KRW 50,00 in the construction site) and March 21, 2013, the Defendant (contractor; hereinafter referred to as “participating”).

(D) The construction project to create a factory site on the ground D at the time of strike (hereinafter referred to as the “instant construction project”).

2) As to the following contract agreement (hereinafter referred to as “instant contract”).

(2) Around June 2013, the instant construction was completed on the part of the intervenors in cash.

B. On October 2, 2013, the Defendant prepared and delivered to the Plaintiff a document stating that “The Defendant and the Intervenor entered into the instant contract, and the Plaintiff proves that the instant construction has been completed as a person responsible for the construction.” 2) On October 15, 2013, the Defendant indicated that “the instant payment rejection” was a real estate indicated as follows (hereinafter “instant payment rejection”): 150 million won (see the site construction contract at the time of the payment: referring to the contract at the time of the payment): The said amount is paid to the Plaintiff at the time of the strike, but the principal contractor C (the Intervenor) is dead, and from the beginning, to pay the construction price to A (the Plaintiff) a person responsible for the construction site payment: Provided, That the Defendant’s land B (Defendant) made a notice to the Plaintiff on October 13, 201, and made no payment to the Plaintiff within the time limit of 130 million won (the Plaintiff’s claim for construction payment).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. The parties' assertion

A. Plaintiffs 1 and 1.

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