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(영문) 대구고등법원 2019.10.17 2019나20345
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of indoor construction business, etc., and the Defendant is the owner of the third floor building on the ground C at port (hereinafter “instant building”).

B. 1) The Defendant entered into the instant construction contract with D, the representative director of the Plaintiff, and D on May 11, 2016, to remodel the instant building (hereinafter “instant construction”).

(2) The Defendant: (a) requested D to modify some of the terms and conditions of the above construction contract to obtain tourism promotion fund loans; (b) on May 23, 2016, the contractor of the above construction contract changed from D to the Plaintiff; and (c) on June 23, 2016, the contractor of the said construction contract changed from D to the Plaintiff; (d) KRW 300,000,000 (a contract amount of KRW 100,000,000,000) divided into KRW 230,000,000 (a contract amount of KRW 130,000,000,000,000, KRW 130,000,000 from June 20, 2016, KRW 130,000,000,000 from the payment of value-added tax on June 30, 2016, KRW 300,005,00.

(3) Under the instant construction contract, the Defendant paid the Plaintiff KRW 7,00,000,000 each on May 11, 2016, as the removal cost, and paid KRW 100,000,000 as the down payment on June 2, 2016. (C) On June 27, 2016, the Defendant filed an objection against the materials and defects of the instant construction project to the Plaintiff on June 27, 2016. Accordingly, the Plaintiff suspended the instant construction project. The Defendant, upon completion of the instant construction project, contracted the instant construction project on August 20, 201, and completed the said construction project on August 20, 2016 by entering into a contract with E Co., Ltd. [Recognition], and there is no dispute over the facts that there is no evidence for dispute as to the instant construction project.

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