(영문) 수원지방법원 안산지원 2018.07.12 2016가합353

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(영문) 수원지방법원 안산지원 2018.07.12 2016가합353

공사대금 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 38,016,048 to the Plaintiff (Counterclaim Defendant) and its amount from April 5, 2016 to July 12, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On August 4, 2014, the Defendant completed the registration of ownership transfer on land outside and two parcels of land (hereinafter “instant land”) based on sale.

B. The Defendant awarded a contract to the Plaintiff for the Civil Works for the instant land and the New Construction of Warehouse on the ground of the instant land, and around January 2015, the Defendant drafted and rendered a power of delegation to the Plaintiff that “I delegate the authority pursuant to all construction works regarding the New Construction of Warehouse on the ground of the instant land.”

C. The Plaintiff performed civil engineering works on the instant land, and newly constructed a general steel structure board, a single-story warehouse (hereinafter “instant warehouse”) on the ground of the instant land.

The defendant completed registration of initial ownership of the warehouse of this case on August 27, 2015.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1 and 8 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) concluded a sales contract on the instant land on behalf of the Defendant on behalf of the Defendant, and paid KRW 217,00,000 to the seller as the purchase price. On July 2014, the Plaintiff and the Defendant concluded a contract for the civil works and new construction works of the instant warehouse orally, and the Plaintiff agreed to be paid KRW 400,000,000, including the Plaintiff’s profits, for the new construction works. Accordingly, the Plaintiff completed the civil construction works by inserting KRW 300,000,000, including the Plaintiff’s profits, and then newly constructed the instant warehouse. However, the Defendant paid the Plaintiff totaling KRW 665,00,000 as the purchase price and construction price (= sales price217,000,000,000,000 for the construction cost) and did not pay the remainder of the construction cost.

Therefore, the defendant shall be unpaid to the plaintiff.

유사 판례

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-청주지방법원충주지원 2015.05.13 2014가단20113

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-대전고등법원 2015.12.09 2015나11418

-대구고등법원 2017.03.09 2016나1176