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(영문) 인천지방법원 2019.12.20 2019나51225
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant decided to construct multi-household houses and neighborhood living facilities on the said land around October 2015, as the owner of the land in Bupyeong-gu Incheon Metropolitan City D, and around October 2015.

B. The construction of the above building (hereinafter “the construction of this case”) was practically carried out under the initiative of E, which is between the Defendant’s children G and the school line, and E was in charge of the site director of the instant construction to F.

C. On February 9, 2016, B, on behalf of the Plaintiff, entered into a subcontract agreement with F, on behalf of the Defendant, with respect to interior works of the instant construction project, the principal contractor, the subcontractor, the Plaintiff, and the construction period from February 9, 2016 to September 10, 2016, with a contract amounting to KRW 154 million.

(hereinafter “instant subcontract”). D.

The Plaintiff completed all of the interior works under the instant subcontract, but was paid KRW 10 million on March 15, 2016 as construction price, KRW 40 million on March 31, 2016, KRW 10 million on August 2, 2016, KRW 30 million on August 17, 2016, KRW 10 million on August 30, 2016, and KRW 54 million on August 30, 2016.

E. On July 14, 2016, the Defendant completed registration of initial ownership relating to new buildings in its own name.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3 (the defendant asserts that Gap evidence No. 1 (Standard Subcontract for Construction Works) was forged, but as determined below, F is ordered to prepare a subcontract document using the seal in the name of the defendant from E entrusted by the defendant as the site manager of the construction work of this case, and therefore, it can be recognized that the subcontract of this case was executed in the name of the defendant. Thus, the defendant's assertion of forgery is without merit). The testimony of witness F of the first instance trial and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay to the plaintiff the remaining construction cost of 54 million won and delay damages of the subcontract of this case.

B. The defendant.

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