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(영문) 인천지방법원 2020.02.13 2019나51218
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the first instance except for adding the judgment of the second instance under Paragraph 2 below, thereby citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The portion to be determined additionally

A. The Plaintiff’s final assertion, the Defendant, and the co-defendant C of the first instance trial (hereinafter “C”) did not reach an agreement between three parties on the direct payment of the construction cost.

C expressed the intent of “guarantee” as to the obligation of the instant construction cost, and the Plaintiff also understood the Defendant as the principal debtor and C as the guarantor, and received a written agreement (a direct payment agreement on the certificate of subcontract consideration No. 2, and a subsequent agreement).

Since there was no direct payment agreement between the plaintiff, the defendant, and C, the defendant, the original debtor, is obligated to pay the construction cost of this case to the plaintiff.

B. According to the reasoning of evidence Nos. 2 and 2, evidence Nos. 2, and evidence No. 2 of the first instance trial witness F and all the arguments, the Plaintiff, the Defendant, and C have made a verbal agreement to pay the Plaintiff the subcontract price directly to the Plaintiff on May 25, 2016. The Plaintiff and the Defendant, around May 27, 2016, pursuant to the above oral agreement, signed and sealed the instant agreement, including that “The price equivalent to the portion executed by the contractor (C) is to be paid directly by the contractor (the contractor) to the contractor (the contractor) and the contractor.” On May 31, 2016, H presented the instant agreement to H, the Plaintiff, the head of the headquarters of C, and the Plaintiff, within 30 days after completion inspection from the date of the date of the first instance trial, shall guarantee the payment of the subcontract price within 30 days from the date of completion inspection. The defective part shall be treated before the date of completion inspection, and the intention to directly pay the subcontract price to the Plaintiff on May 25.

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