(영문) 수원지방법원 2015.11.06 2015나11196

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(영문) 수원지방법원 2015.11.06 2015나11196

공사대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 201, the Plaintiff, among the new construction works of multi-family houses owned by the Defendant (hereinafter “instant housing”) from D, performed the instant construction works by subcontracting KRW 39 million to D, among the construction works of multi-family houses owned by the Defendant (hereinafter “instant housing”).

B. D transferred each of the KRW 10 million to the Plaintiff on January 18, 2012, and the Defendant transferred each of the KRW 5 million to the Plaintiff on January 27, 2012.

C. On March 13, 2012, the Plaintiff and D drafted a direct payment agreement on construction price payment (hereinafter “instant direct payment agreement”) with the purport that D would not raise any objection against the Plaintiff’s payment of the remainder of the construction cost, excluding the remainder of KRW 15 million, which was already received, from the Defendant, the owner of the building.

After that, the Defendant, the owner of the building, paid KRW 18 million to the Plaintiff. However, the remainder of the construction cost is not paid on the ground that there is a defect in myibi occurring in the ceiling and wall of the instant house, which appears to result from water leakage.

E. The Plaintiff submitted a written estimate (Evidence A No. 4) to the court of first instance to the effect that approximately three million won is required for the repair work of the instant house and the disposal work of outer walls.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff and D drafted the instant direct payment agreement, and accordingly, the Defendant directly paid part of the remainder of the construction work to the Plaintiff. It is reasonable to deem that the Defendant agreed to pay the remainder of the construction work as stated in the instant direct payment agreement between the Plaintiff and the Defendant directly to the Plaintiff. Barring special circumstances, the Defendant is liable to pay the Plaintiff the unpaid construction cost amount of KRW 9 million (=27 million - 18 million) and the Defendant’s payment.

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