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(영문) 춘천지방법원강릉지원 2019.03.26 2018나31948
손해배상(건)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 24, 2016, the Defendant awarded a contract to C for the new construction of D housing (hereinafter “new construction of this case”) located in the East Sea as the construction period from February 25, 2016 to December 20, 2016, with the construction amount of KRW 250,000,000.

B. Around August 2016, the Plaintiff received a subcontract from C to the Unlisted Corporation (hereinafter “instant construction”) among the new construction works in the instant case, and completed the instant construction work on or around the end of December 2016.

C. C: 15,00,000 won out of the total construction cost to be paid to the Plaintiff on February 24, 2017.

3. 20. 10,000,000 won; and

5. Any balance, 7,460,000 won; and

6. An agreement to pay 15.

‘Written confirmation of wage payment’ was drawn up to the Plaintiff. D.

around August 22, 2017, the Plaintiff received KRW 24,000,000 from C out of the instant construction price.

E. On September 29, 2017, the Defendant paid C the construction cost related to the instant new construction project.

F. Meanwhile, from August 2016 to December 2016, the period during which the Plaintiff carried out the instant construction project, the Plaintiff was awarded a subcontract for the construction of the US and lighting construction among the new housing construction works located in Gangseo-si E from Gangnam-si to Gangnam-si, and “E Corporation (hereinafter referred to as “E Corporation”).

(1) Upon completion of the proceedings, the court below held that there was no dispute over the grounds for recognition, Gap evidence No. 3, Eul evidence No. 1, and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. Plaintiff 1) On November 2016, the Defendant agreed to pay the Plaintiff the unpaid labor cost and the labor cost incurred in the future upon the completion of the instant construction work. At the time, C sent text messages to the Defendant to the effect that the Plaintiff would directly pay the construction cost of the instant construction work. As such, the Plaintiff, the Defendant, and the Defendant agreed to directly pay the construction cost of the instant case to the Plaintiff. As such, the Defendant is obligated to pay the construction cost of the instant case to the Plaintiff.

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