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(영문) 부산지방법원 2020.07.22 2019나58285
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Under the second sentence of the judgment of the first instance, each of the fifth and sixth subcontractings (hereinafter referred to as “each of the instant subcontractings”) was awarded “each of the subcontractings (hereinafter referred to as “the instant subcontractings”)”. The construction of the instant furnitures and the construction of sanitary instruments was made “the instant furnitures and the construction of sanitary instruments.”

In the fourth part of the judgment of the court of first instance, "the construction of furniture and sanitary tools in accordance with the instant subcontract" shall be deemed to be "the construction of the instant furniture and sanitary tools".

Under the 4th page 9 and the 2nd page of the first instance judgment, each of the “this case subcontracted project” shall be deemed to be “the construction of household and sanitary instrument of this case” respectively.

2. Determination as to the claim against the defendant management body

A. The Plaintiff’s assertion and the Defendant management body agreed to conclude the instant new construction work at a total of KRW 1,751,00,000,000, and concluded the instant contract for completing the responsibility.

Defendant management body was obligated to collect 1,751,000,000 won from the buyer in accordance with the instant contract for the completion of the liability, but only KRW 710,00,000 was paid to the Plaintiff.

On the other hand, the Plaintiff completed the instant furniture and the sanitary instrument construction, which is part of the instant contract for the completion of liability, but failed to receive the construction cost from the Defendant managing body.

Therefore, since the Plaintiff rescinded the instant contract for the completion of liability on the ground of the Defendant’s nonperformance, the Defendant is obligated to pay the Plaintiff the construction cost of the instant household and the sanitary instrument construction cost of KRW 199,127,879 and the delay damages therefrom.

(b)in the case of a contract for construction works on the construction project with respect to the construction works in question, the construction works are even if the contract has been rescinded and has not been completed.

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