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(영문) 제주지방법원 2017.10.26 2016나2628
공사대금
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. The parties' assertion

A. Plaintiff 1) On March 26, 2012, the Defendant’s housing of the second floor size D with Seopo-si, Seopo-si, Seopo-si (hereinafter “instant building”).

(2) On July 26, 2012, C awarded a contract for the structural construction of the instant building. However, the amended third floor and rooftop construction of the instant building was no longer carried out due to the lack of human resources and materials, and thereafter, the construction of the instant building was suspended. Accordingly, on August 21, 2012, C requested the Defendant to complete the construction of the third floor and rooftop construction by directly entrusting the third floor and rooftop construction.

3) Since September 19, 2012, the Plaintiff, which received this, continued construction with E, and completed the third floor and rooftop part of the instant building on November 24, 2012. 4) After the settlement of the construction cost, the Plaintiff paid a total of KRW 13.65 million upon the settlement of the construction cost, and the Defendant remitted only KRW 500,000 to the Plaintiff.

5. As such, a contract for construction was concluded between the Plaintiff and the Defendant separate from the payment of C. Since the Plaintiff fulfilled all contractual obligations as an independent contractor and completed the work, the Defendant is obligated to pay the Plaintiff the total amount of KRW 13 million and the delay damages.

The plaintiff asserts that the payment of the construction cost not paid in its argument is "13,150,000 won", but the purport of the claim is "13,00,000 won" and thus, it is determined accordingly.

B. The part of the construction that the Plaintiff was the Defendant also included in the construction contract concluded with the original C, and the Defendant merely concluded a construction contract with C, and did not conclude a construction contract separately with the Plaintiff.

The plaintiff has no right to claim the construction price to the defendant.

2. Determination

A. First, the Plaintiff proves his assertion.

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