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(영문) 대전지방법원 2019.01.16 2018나3135
공사대금잔금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay KRW 15,58,500 to the plaintiff as well as the defendant on May 23, 2017.

Reasons

1. Facts of recognition;

A. Three companies, such as D, jointly implemented the construction of the E neighborhood living facilities, F, and Gable block block tenement house (hereinafter “new construction of this case”).

H is the representative of corporation D and the representative of the other joint executor.

B. Around July 2014, the Plaintiff concluded a verbal subcontract with H representing the above joint executor and the construction of the machinery and equipment (hereinafter “instant construction”) of the instant new construction work at KRW 172,490,000, and subsequently, performed the instant construction work from around that time.

C. On November 10, 2014, the Defendant subscribed to the instant new construction works from the above joint executor, and entered into a construction performance agreement (hereinafter “instant agreement”) with respect to the Plaintiff and the instant construction works, setting the construction cost of KRW 172,490,00, and the construction period from November 6, 2014 to December 30, 2014.

H, after the instant agreement, gave advice and cooperation to the Defendant in relation to the instant new construction works. However, with the Defendant’s consent, the Plaintiff requested additional construction works required due to design errors, etc. in relation to ventilation pipes and excellent pipes among the new construction works in the instant case. On November 13, 2014, the Plaintiff completed additional construction works equivalent to KRW 3,095,00 of the construction amount, 5,638,90 of the construction amount, and the additional construction works of excellent pipes equivalent to KRW 5,90 of the construction amount.

On May 2015, the Plaintiff completed the instant construction work.

E. From August 25, 2014 to November 3, 201 of the same year, the Plaintiff received KRW 15.9 million from Company D, KRW 10 million from Company I, and KRW 10 million from H as the price for the instant construction project. From November 19, 2014 to May 15, 2015, the Plaintiff received KRW 165,65,400 as the price for the construction project, and received KRW 165,400 as the price for the construction project from J Co., Ltd., for seven occasions during the period from November 19, 2014 to May 15, 2015.

Grounds for recognition: Facts without dispute, Gap evidence 3 to 1.

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