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(영문) 창원지방법원 2016.10.25 2015나35939
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. The following facts do not conflict between the parties, or may be found in full view of the respective descriptions in Gap 1, 3-5, 8 (if the serial number is not specified, including all of the pertinent documentary evidence numbers; hereinafter the same shall apply), Eul 1-4, and 11 and the overall purport of the pleadings:

(1) On November 3, 2014, the Plaintiff and the Defendant drafted a contract form stating that “The Defendant shall enter into a contract form with the Plaintiff that “the construction cost of the instant construction work shall be KRW 20,000,000 and the construction period shall be fixed from November 3, 2014 to November 30, 2014,” and thereafter, the Plaintiff and the Defendant additionally entered into a contract form providing that the said construction period shall be extended by January 30, 2015.2) On December 15, 2014, the Plaintiff and the Defendant entered into a contract form with the Plaintiff to the effect that “the additional construction work necessary for the instant construction work (hereinafter “the instant additional construction work”) shall be KRW 7,00,000,000, and the construction period shall be from November 15, 2014 to November 31, 2015.”

B. On November 3, 2014, the Defendant, D and D Co., Ltd. (Representative G) drafted a written contract to the effect that “the Defendant shall contract the instant construction work to D with the period of construction fixed from December 5, 2014 to October 30, 2015.” 2) On November 4, 2014, the Defendant, D and E (Representative H) drafted a contract to the effect that “the instant construction work to D shall be executed with the period of construction fixed from December 5, 2014 to October 30, 2015.”

C. The Plaintiff completed the instant construction and additional construction before January 2015.

On April 2, 2015, the Defendant remitted KRW 20,000 to the bank account under the name of the representative G of corporation D on April 2, 2015, and G is the representative H of E on November 12, 2014.

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