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Reasons
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(영문) 대구지방법원 2019.04.12 2017가단27287
공사대금
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1. The Defendant’s KRW 9,00,000 and the following day shall be 5% per annum from September 9, 2017 to April 12, 2019 to the Plaintiff.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) At the Defendant’s request, the Plaintiff is at the construction site located in Ulsan-gun C (hereinafter “Suljin-gun”).

(ii) the construction site located in Yong-gun, Chungcheongnam-gun (hereinafter referred to as the “Yuk-gun”);

) At the site of the E-Gu located at the port of port (hereinafter referred to as “port site”).

2) However, the Defendant did not pay the total amount of KRW 41,319,40,00 among the construction cost at the Ulsan-gun’s site, KRW 24,00,000, and KRW 12,00,000 in the construction cost at the port at port, and KRW 41,319,400 in the construction cost at the port.

(However, the plaintiff stated that the claimed amount is KRW 31,00,000 in consideration of the defendant's repayment, etc. at six days of pleading.

B. Defendant’s assertion 1) The Defendant entered into a construction contract with the Plaintiff in relation to the Ulsan-gun’s field and the Yong-gun’s field, but did not enter into a construction contract with the Plaintiff in relation to the port site, and the construction contract was entered into between Non-Party F and the Plaintiff with respect to the port site construction work at port. 2) However, F requested the Plaintiff to issue a tax invoice, including the construction cost of KRW 22,00,000,000 in the port site as the representative of Non-Party G, the owner of the building in Yong-gun-gun’s field, as well as the construction cost of KRW 22,00,000 in the port site at port. Accordingly, the Defendant issued a tax invoice for KRW 22,00,000 in the port site at port to the Plaintiff and did not bear the obligation to pay the construction price

(In addition, it is argued that there is no promise to pay the above F in lieu of the above F's obligation.

3) In addition, the defendant asserts that since the payment of KRW 15,00,000,000 among the construction cost in the field of Yeongdeungpo-gun was made, it did not bear obligations other than KRW 9,000 (=24,000,000 - KRW 15,000,000 against the plaintiff.

2. Determination:

A. 1 The Plaintiff and the Defendant: (a) the construction cost at the construction site in Yeongdeungpo-gun; (b) the construction cost at KRW 24,00,000; or (c) the construction cost at the construction site at the port constructed by the said F.

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