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(영문) 대전지방법원 2014.12.12 2014나103273
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On June 8, 2011, the Defendant requested the head of Hongsung-gun to vicariously conclude a contract on the selection and construction, construction supervision, execution and settlement of the project cost, and defect repair of a business entity under the “heating and cooling system support project for the installation of facilities in 2010,” with respect to the 17,363 square meters (hereinafter “instant land”).

B. Around June 201, the Defendant, the head of Hongsung Gun, and the head of the red branch of the Korea Rural Community Corporation agreed to entrust the head of the red branch of the Korea Rural Community Corporation with all duties, such as review of the location of selection, completion of design orders, construction supervision, etc., when installing 3,450 square meters of SCW-type water heating and cooling facilities on the instant land.

(hereinafter referred to as the “instant consignment agreement”). (c)

On May 3, 2012, the Plaintiff received an application for electricity use in the name of the Defendant to increase 225kW, which is the volume of electricity previously supplied with respect to the instant land by 35kW. To this end, the Plaintiff received an application to install supply facilities under the name of the Defendant. Upon the said application, “the instant construction” refers to “the construction of the supply facilities to increase the supply of electricity on the instant land.”

(D) The Plaintiff completed the contract. D. The Plaintiff calculated the Defendant’s own shares as KRW 13,156,00 and claimed the Defendant to pay the Plaintiff KRW 13,156,000 to the Plaintiff around July 10, 2012. However, according to the Plaintiff’s rules on the terms and conditions of electricity supply and the terms and conditions of electricity supply, the Defendant’s own shares of the instant construction work should be calculated as KRW 20,526,00,00, not the said KRW 13,156,00,000, and the Plaintiff filed a claim for late payment of KRW 7,370,00 with the Defendant around March 19, 2013.

2. According to the above facts of recognition, the defendant installs a geothermal air-conditioning facility on the land of this case.

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