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(영문) 대구지방법원 2018.08.31 2017가합1640
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,012,00,000 as well as 15% per annum from July 25, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose purpose is reinforced concrete construction business.

B. On March 10, 2016, the Plaintiff and the Defendant drafted a housing promotion agency contract with the following content:

(2) The Plaintiff’s Housing Association (the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s association (the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff, 100,000th of the completion of the instant contract.

C. The Defendant completed the Housing Promotion Center according to the instant construction contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff completed the construction of the Housing Promotion Agency in accordance with the instant construction contract, the Defendant did not pay the remainder of the construction cost to the Plaintiff, and thus, the Defendant is obligated to pay the remainder of the construction cost of KRW 1,012,00,000 and delay damages therefrom.

B. The defendant (tentative name) concluded the instant construction contract as the chairperson of the Promotion Committee of the Regional Housing Association B (hereinafter referred to as the "Promotion Committee of this case"). Thus, the defendant's claim against the defendant is unreasonable.

3. Determination

A. First, examining who is the contractor of the instant construction contract, the client who is the contractor under the instant contract is indicated as the instant promotion committee, and the Defendant is the said promotion committee.

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