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(영문) 수원고등법원 2020.10.08 2019나13571
공사대금
Text

The appeal filed by the plaintiff (Counterclaim defendant) against the primary defendant and the primary defendant expanded by this court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that has a comprehensive construction business license established for the purpose of the construction business.

The primary defendant is a person running a gas station (hereinafter “instant gas station”) under the trade name of “Frijun” in Sinnam-si.

Preliminary defendant is a person who runs a construction business with husband M with the trade name of "G".

B. On April 12, 2016, the primary Defendant ordered the instant construction work to the primary Defendant (on behalf of the primary Defendant, M was acting on behalf of the primary Defendant; hereinafter M also indicated as the conjunctive Defendant’s act) for the instant construction work for the extension of gas stations (hereinafter “instant construction work”) at KRW 900 million (including value-added tax) and the construction period from April 16, 2016 to July 16, 2016.

C. Preliminary Defendant, in April 2016, subcontracted the instant construction work to I (J) in terms of KRW 600 million for the construction cost (including value added tax) to D.

On April 18, 2016, the Plaintiff drafted a contract agreement for the construction work of this case (hereinafter referred to as “the first contract agreement of this case”) between M and M, representing the primary defendant, with the terms and conditions that the construction work of this case is contracted between the construction cost of KRW 352 million (including value-added tax) and the construction period of April 18, 2016 to August 18, 2016.

On May 3, 2016, the Plaintiff filed a report on the commencement of the instant construction project with the primary Defendant, the scheduled date of commencement, May 4, 2016, and December 30, 2016, and appointed H as the head of the site office around that time to perform the instant construction project.

E. From April 25, 2016 to July 18, 2016, the conjunctive Defendant deposited a total of KRW 350 million into the account in the name of I in the name of the construction cost of the instant construction project.

F. On July 28, 2016, the Plaintiff and the preliminary Defendant for construction work in this case amounting to KRW 640 million (including value-added tax).

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