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Reasons
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(영문) 인천지방법원 2019.10.11 2018나63054
공사대금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On July 21, 2014, the Defendant entered into a contract for construction works with D (mutual name): (a) the construction works for the construction of the F ground neighborhood living facilities and the new housing construction works in Nam-gu Incheon Metropolitan City (hereinafter “instant construction works”) with the construction cost of KRW 320,00,000 (excluding value-added tax) and the construction period of KRW 320,000 (excluding value-added tax) from July 31, 2014 to October 30, 2014.

B. D continued the instant construction, and discontinued construction around the end of May 2015.

C. After suspending D’s construction, the Defendant continued the instant construction work on behalf of D through G that has been responsible for supervising and managing the instant construction site on behalf of D.

As of the construction site of this case, Plaintiff A had subcontracted electrical construction to Plaintiff B, but failed to receive the construction cost.

E. On January 26, 2016, the Defendant issued to the Plaintiff A a certificate of confirmation with the following content (hereinafter “instant certificate”).

The debtor: The debtor's creditor: The defendant, the debtor of H company A, the debtor of H company A, paid the remainder of the construction cost of the F (F (F) KRW 1,00,000,000,000,000,0000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,

F. In addition, on January 28, 2016, G prepared and issued to the Plaintiff a written confirmation stating that “Types: P. S. S. 13,400,000 construction cost.” The written confirmation stating “C. A,” and to the Plaintiff B, the said construction amount is 20,000,000,000. The said construction amount was determined. The said construction amount was determined to be responsible and paid by the owner of the building (C). The written confirmation stating “C.” (hereinafter “instant confirmation”).

[Ground of recognition] Facts without dispute, entry in Gap evidence 2, 4, 5, and 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff A-.

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