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(영문) 광주지방법원 2015.07.23 2014가단28157
공사대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

In around 209, the Plaintiff entered into a contract with C, the representative director of the Defendant, for the boiler construction of the 3rd floor building in Gwangju-gu, Gwangju-gu, the Defendant’s representative director, for the 32,872,00 won added by KRW 9,672,500 on additional construction for the 23,19,500 on the 23,672,50 on the 23,872,00 won.

However, in order to be paid part of the price of the interior works of this case, the Plaintiff and the Defendant received a loan from the Gwangju Cultural Cooperation and received the construction cost. On the other hand, the Plaintiff and the Defendant agreed to pay the said loan on behalf of the Plaintiff, and then borrowed a total of KRW 20 million from the Gwangju Cultural Cooperation.

However, the defendant paid 4.65 million won to the plaintiff on July 21, 2009, and 10 million won on September 2, 2009, respectively, and repaid 4.46 million won to the Gwangju Cultural Cooperation on November 24, 201, and did not pay the remainder of the construction cost or pay the loan.

Therefore, the defendant shall pay to the plaintiff KRW 33,762,00 (=52,872,00-19,110,000) remaining after deducting the total construction cost and the total amount of loans from KRW 52,872,00 (=4650,000) (= KRW 52,872,00-19,110,00). Of them, the defendant shall claim for the payment of KRW 29,672,50,00, which is a part of the lawsuit of this case.

Judgment

In order to recognize the Plaintiff’s claim for the construction cost or the agreed payment against the Defendant, the Plaintiff entered into a contract for the instant interior works with the Defendant and the Plaintiff, as there is no dispute between the parties regarding the Plaintiff’s receipt of the loan from the Gwangju Cultural Cooperation to receive the said construction cost.

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