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(영문) 대구지방법원 2018.05.16 2017나11689
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. At around 2014, the Defendant, along with K and L, decided to construct a new building, such as a factory, office, warehouse, etc., in the Mari-gun, Seongbuk-gun, Seongbuk-do.

B. On November 4, 2014, Defendant, K, and L drafted seven copies of the following contract agreement with F, and F, having closed down “G” he/she operated, and the F lent the name of “I” operated by H in the said contract agreement.

The work cost at the construction site of the contractor No. 1 5,340,00 of 1,65,340,000 of 1,65,340,00 of NAO factory new construction work, and 113,400,003 LH Q Q Q 1 construction work, and 130,000,000 of 4 lots of 130,000,000 of 4, 108,90,000 of 4, 108, 100,000, 000-5 LH Q Q 1 factory construction work, and 0,005 LH Q 2 factory new construction work, and 4,00,00, 00-8, 08, 008, 90,000, 00,000-6, Q Q2 factory construction work, and 304,07,07,07,08,00

C. F subcontracted the construction of steel structure to H around November 10, 2014 with respect to a new construction project contracted in accordance with each of the above contracts (hereinafter “instant construction project”); and F subcontracted electrical construction to the Plaintiff on December 15, 2014.

[Ground of recognition] Facts without dispute, Gap's 3, 5, 6, 7, 8, Eul's evidence (including each number, hereinafter the same shall apply), witness of the first instance court's testimony, the purport of the whole pleadings

2. The Plaintiff’s assertion is the owner of the instant construction project, and the Defendant agreed to directly pay to the Plaintiff KRW 30 million for the electrical construction price of the instant construction project, which was not paid to the Plaintiff on or around March 30, 2015, and thus, the Plaintiff is obligated to pay the Plaintiff the said KRW 30 million and the damages for delay.

3. In light of the following circumstances, we examine the determination: (a) evidence Nos. 3 and 4 as seen earlier; and (b) witness H’s testimony and the overall purport of oral argument, I shall comply with the aforementioned assertion, in light of the following circumstances.

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