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(영문) 전주지방법원 2017.11.01 2017나4433
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On October 27, 2013, the Plaintiff entered into a construction business standard agreement (hereinafter referred to as “instant agreement”) with the Defendant and the Defendant to enter into a contract for the studio work at Jeonju-si (hereinafter referred to as the “cudio work”). From October 27, 2013 to January 27, 2014, the construction period from October 27, 2013 to January 27, 2014; and the construction cost of KRW 80 million (excluding value-added tax).

B. The Plaintiff, upon receipt of a request to request a passbook, issued a new passbook (G; hereinafter “the instant Nonghyup”) in the name of the Plaintiff on October 29, 2013, issued a passbook and a seal to the Defendant in relation to the internal settlement of accounts from the Defendant.

The Defendant deposited KRW 30 million in the Agricultural Cooperative Account on October 29, 2013, and deposited KRW 24 million with the completion construction cost of the instant case at the time of full withdrawal, and returned the said passbook to the Plaintiff.

On the other hand, on November 8, 2013, the Plaintiff issued the above passbook to the Defendant again, and was returned around February 2014.

C. As seen earlier, the Defendant paid KRW 24 million via the instant agricultural bank account on October 30, 2013 through the instant agricultural bank account, as well as KRW 8 million on December 5, 2013, via the Plaintiff’s prior bank account (H), KRW 7 million via the instant prior bank account on December 6, 2013, and KRW 2 million on September 26, 2014, respectively.

On May 20, 2014, the building on the land outside Jin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which is the subject of the completion of the instant construction project, was approved for use on May 20, 201 and completed the registration of ownership preservation on June 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 9, Eul evidence Nos. 1, 2, 5 through 7 (including serial numbers; hereinafter the same shall apply), witness witness Nos. 1, 4 through 7, part of witness Nos. 4 and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is special.

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