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(영문) 대전지방법원 2016.12.23 2016나7430
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Summary of the parties' assertion

A. On January 2014, the Plaintiff was awarded a contract with the Defendant for the construction cost of KRW 10,750,000 for the interior works of the first floor D Real Estate Office of Daejeon-gu Daejeon (hereinafter “instant building”). As such, the Defendant is obligated to pay the said construction cost of KRW 10,750,000 to the Plaintiff.

B. The Defendant, among the Plaintiff, completed settlement of accounts in KRW 29,00,00,00 by aggregating the second floor construction of the building, such as the interior works of the first floor office among the instant building, and thus, cannot respond to the Plaintiff’s claim.

2. Around December 10, 2013, the Plaintiff was awarded a contract with the Defendant for the construction of the second floor of the instant building (hereinafter “instant second floor construction”) in the amount of KRW 24,500,000, and there is no dispute between the parties who concluded a contract with the Defendant for the construction of the first floor of the instant building (hereinafter “instant first floor construction”) and completed all the construction of the first and second floor construction.

However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant on the construction cost of the instant first floor construction amounting to KRW 10,750,000, separately from the Defendant.

Rather, comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 3, No. 4-1, and No. 4-2, the Defendant paid KRW 2,100,000 to the Plaintiff on March 31, 2015 as the construction cost related to the instant 1 and 2nd floor, and paid KRW 29,00,000 in total around that time. On the same day, the Plaintiff prepared a receipt stating “2,10,000 won as the remainder of the construction cost of the instant building and the second floor” and issued it to the Defendant.

According to the above facts of recognition, it is reasonable to view that the construction of the first and second floors of the instant building on March 31, 2015 was completed in total.

The Plaintiff is subject to the condition that the Defendant introduces the Egyptian Human Rights Corporation to the Plaintiff, which is favorable to the instant building.

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