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(영문) 창원지방법원 2017.08.30 2016나58410
공사대금
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Although Plaintiff A’s assertion completed the instant communications construction work by being awarded a contract with Defendant E for KRW 95,000,000, the Defendants received only KRW 50,000,000 from the Defendants, the Defendants are jointly obligated to pay the Plaintiff A the amount of KRW 45,00,000 for the instant communications work cost ( KRW 95,000,000 - KRW 50,000) and the delay damages.

Plaintiff

B Even though Defendant E completed the instant steel bars construction in the amount of approximately KRW 178,058,00,000 multiplied by the total construction area of KRW 523.7 square meters per square year, the Defendants received only KRW 135,000,000 from the Defendants. As such, the Defendants jointly are obliged to pay the Plaintiff B the construction amount of KRW 43,058,000 ( KRW 178,058,000 - 135,000), and the delay damages.

B. Defendant E’s assertion that the Defendants: (a) contracted the instant telecommunication work to Plaintiff A in KRW 50,000,000; and (b) paid the Plaintiff B in KRW 135,00,000, respectively; and (c) there was no payment for the construction work since the payment was made in full.

3. Determination

A. According to the Plaintiff A’s judgment as to the claim of this case between the Plaintiff A and the Defendant E, the following facts are stated as follows: (a) Gap evidence No. 1 and No. 4-5; (b) the result of the appraisal commission of construction costs to the corporation corporation of the first instance court; and (c) the witness F of the first instance court and the witness O of the first instance court, the Plaintiff’s testimony as follows: (a) the amount of KRW 95,000 to the final amount of the written claim prepared by the Defendant as receiver; (b) the appraisal value of the construction costs of the instant telecommunications corporation was the total amount of KRW 20,334,179; and (c) the amount of the construction costs of the instant telecommunications corporation was subcontracted to the fire fighting corporation of this case to the 56,000,000,000 among the instant communications corporations; and (d) the

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