(영문) 대구지방법원 2018.09.13 2018나304562

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(영문) 대구지방법원 2018.09.13 2018나304562

공사대금

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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. Basic facts

A. The Plaintiff is a company established for the purpose of construction business, etc., and the Defendants jointly operate the Housing Construction and Sales Business, etc. with the trade name “E,” and the co-defendant D of the first instance trial (hereinafter “D”) is the co-defendants of Defendant B.

B. On October 5, 2015, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with respect to the construction work of constructing a multi-family house (hereinafter “instant construction work”) to be constructed on the land outside HH and three parcels owned by the Defendants (hereinafter “instant construction work”) with the contractor, the subcontractor, Defendant B, the subcontractor’s guarantor D, the construction period from October 5, 2015 to January 31, 2016, the contract amount of KRW 660,000,000 (including value-added tax, down payment, KRW 30,000,000, the intermediate payment is replaced by a housing site mortgage loan, and the remainder is paid as a bank loan after completion).

The contract of this case is written as "B (Agent D)" in the orderer column, and the name of the defendant B is stamped.

C. On May 23, 2016, the Plaintiff’s representative: (a) drafted a settlement agreement to pay KRW 179,000,000 for the remainder of KRW 258,000,000, excluding KRW 79,000 already paid, out of the total construction cost incurred by the Plaintiff with respect to the instant construction project, on three occasions, on May 30, 2016; (b) and (c) June 20, 2016, to pay KRW 10,000,000 for the instant construction project (hereinafter “instant settlement agreement”).

The instant settlement agreement contains the phrase “not to raise any objection to the Defendant”. D.

D Of the amounts under the instant settlement agreement on July 8, 2016, D paid to the Plaintiff KRW 39,000,000,000, the remainder of KRW 140,000 has not been paid until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness of the first instance court, partial testimony of the J and the purport of whole pleadings

2. Determination on the defense prior to the merits

A. The summary of the Defendants’ assertion is that the Defendants paid the construction cost to the Plaintiff, as alleged by the Plaintiff.

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