(영문) 광주지방법원 2017.10.18 2017가단7304

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(영문) 광주지방법원 2017.10.18 2017가단7304

공사대금

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1. The Defendant shall pay to the Plaintiff KRW 43,00,000 and interest rate of KRW 15% per annum from March 28, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 4, 2015, the Plaintiff completed the construction by setting the construction cost of tin construction from among the construction works for the new construction of B-ground row housing in the period of construction from the Defendant on the following grounds: (a) the construction cost of 76,000,000 and the construction period from August 13, 2015 to September 2015.

(hereinafter referred to as the “instant subcontracted project”). B.

The Plaintiff received KRW 33,00,000 from the Defendant’s payment of the instant construction cost.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence No. 1, Evidence No. 1, Witness C's testimony, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above recognition of the Plaintiff’s cause of claim, barring any special circumstance, the Defendant shall pay 43,000,000 won (i.e., the contract price of this case - the paid amount of KRW 76,00,000 - the paid amount of KRW 33,00,000) and damages for delay.

B. The defendant's assertion 1) The actual contract party to the construction contract of this case merely entered into the construction contract of this case in the name of the plaintiff as non-party C, who is not the plaintiff, and deposited 9,000,000 won with the account under the name of the plaintiff, and 23,000,000 won with the account under the name of the plaintiff, respectively, and paid 10,000 won with the remaining 53,00,000 won in cash, and the remaining 43,00,000 won with the payment of 40,000 won with the payment of 145,00,000,000 won with the payment in kind in the name of the plaintiff, who is the nominal owner of the construction contract of this case, to transfer the ownership of 402, 300,000 won with the payment in kind in this case at the request of the defendant to a certified judicial scrivener appointed by C, and then completed the construction contract of this case with the payment in kind 40, 20.

유사 판례

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