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(영문) 부산고등법원 2020.11.12 2019나57070
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. 1) On December 22, 2016, the Plaintiff entered into a contract with the Plaintiff and the Defendant with the Defendant, “the construction work of constructing nine units of detached houses on the land outside Jeju-si E and one unit on the ground” (hereinafter “instant new construction work”).

(1) Each of the instant contracts was received (hereinafter referred to as “instant contract”) on December 25, 2016; and on May 30, 2017, the date of completion; and on May 30, 2017, the contract amount of KRW 1,650,000 (including value-added tax).

(2) On December 30, 2016, the Plaintiff reported the commencement of construction to Jeju Mayor, and started construction of the instant new construction work around that time.

B. On July 12, 2017, the Plaintiff’s letter of waiver of construction works and letter of direct payment for construction costs (hereinafter “instant letter of waiver of construction works”) stating that “the instant new construction works shall be waived” (hereinafter “instant letter of waiver of construction works”).

(2) On July 30, 2017, the Plaintiff and the Defendant prepared a letter of confirmation of direct payment for construction costs (hereinafter “certificate of direct payment”) stating that “the Defendant shall directly pay the price to the sewage supplier related to the instant new construction project” (hereinafter “instant certificate of direct payment”), and the details of the certificate of direct payment for the instant certificate of direct payment are as follows.

The name of the construction project owner of the instant new construction project: The original text of the sewage-oriented project, depending on the Plaintiff’s circumstances, the contractor of the instant new construction project at the construction site, is indicated as the subcontractor, but it is apparent that it is a clerical error in the sewage-oriented project owner.

I cannot make payments to the owner, and confirm that I will make direct payments by the owner of the building.

It is intended to settle the fixed-term payments and direct payments when completion is completed later.

(A) the list, amount, contact information of the subcontractor;

(c)payment of construction cost;

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