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(영문) 수원지방법원 2020.07.08 2019나72762
공사대금
Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. According to the overall purport of evidence Nos. 1 through 4 of the judgment as to the cause of the claim, the Plaintiff entered into a subcontract construction contract (hereinafter “instant construction contract”) with the construction cost of KRW 134,00,00 with respect to the instant construction work (hereinafter “instant construction work”) among Geumcheon-gu Seoul District Corporation (hereinafter “C”) and the Construction Corporation for Land-Based Housing Construction (hereinafter “New Construction”) around January 2018; ② the Plaintiff was the representative director as of March 2, 2018; ② the Defendant, the inside director as of March 2, 2018, and the Plaintiff, “the Defendant and F shall pay the Plaintiff the unpaid construction cost of KRW 43,20,000,000, out of the construction cost of the instant case, within 15 days after completion of the completion of the completion of the construction inspection; ③ the Plaintiff may be recognized as having completed the construction of each of the instant construction works, and each of the instant construction works was completed and completed.

On the other hand, the Plaintiff was paid KRW 25,000,000 out of the paid construction cost of KRW 43,200,000.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the construction price of KRW 18,200,000 (=43,200,000 - KRW 25,000,000) and delay damages therefrom, in accordance with the letter of this case.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) On March 23, 2018, the Defendant transferred KRW 2,000,000 to the Plaintiff out of the remainder of the construction payment. 2) C or the Defendant paid KRW 16,650,000 on behalf of the Plaintiff during the period from June 1, 2018 to June 18, 2018.

3) Accordingly, if the above-mentioned amount of KRW 2,00,000 and the direct payments of KRW 16,650,000 are deducted from the above-paid construction cost, there is no interest in the construction cost payable to the Plaintiff by the Defendant. (B) Determination 1)

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