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(영문) 대구지방법원 2014.12.19 2014나8453
공사대금
Text

1. All appeals filed by the plaintiff A and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a constructor, and the construction work for constructing a multi-family house D and E-ground multi-family house from February 2009 to February 2009 (hereinafter “the construction work for multi-family house of the instant Cheongdo”).

(2) At the above construction site, Plaintiff A received a contract for the installation work and completed the construction work at the request of the Director of the On-Site Office appointed by the Defendant.

3) As to the above multi-family house, each approval for use was granted on June 22, 2009 (E Dong) and December 17, 2009 (D Dong Dong Dong located). (4) Plaintiff A had not yet received KRW 7,703,000 out of the construction price.

B. 1) The Defendant from December 2009 to the Gadong-dong Housing Construction Corporation (hereinafter “the Ga-dong Housing Construction Corporation in this case”)

2) At the request of F at the site director appointed by the above defendant, the plaintiff A completed the construction work part, and the plaintiff B completed the construction work as the steel part, respectively.

3) On January 5, 2011, the said detached house was approved for use on the said detached house. 4) Plaintiff A had not yet received KRW 5,000,000 among the construction cost, and Plaintiff B had not received KRW 3,760,000 among the construction cost.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 5-1 through 3, Eul evidence 9, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff A 12,703,000 won (=7,703,000 won) and damages for delay.

B. The defendant's assertion 1) The defendant alleged that he paid all the construction cost of the plaintiff A with respect to the multi-family house of this case, but it is not sufficient to recognize the above only with the descriptions of the evidence Nos. 2 through 4 (including each number), and there is no other evidence to acknowledge it.

Therefore, the defendant's status.

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