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Reasons
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(영문) 창원지방법원 2015.08.20 2015나25
공사대금
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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. From July 20, 2012 to August 20, 2012, the Plaintiff: (a) contracted the Doing construction with the Defendant; (b) performed the construction work in the Haban apartment, Sacheon Air Force Bureau, and Samcheon Gyeongcheon-si model housing (hereinafter referred to as the “instant Doing construction work” by combining the said three Doing construction work).

B. On October 24, 2012, the Plaintiff and the Defendant drafted a total statement of accounts that “the Plaintiff shall receive KRW 8,820,000 from the Defendant and confirm that the Plaintiff would settle the field wages at the Habbban” (hereinafter “instant statement of accounts”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (total statement of settlement, plaintiff's assertion that it was made by deceit or mistake of the defendant, but there is no evidence to acknowledge it), Eul evidence Nos. 2 through 9 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A. Of the Plaintiff’s assertion, the construction cost of KRW 17,470,30 in relation to the Bail apartment complex on the Hacheon Air Force Co., Ltd., KRW 3,810,00 in relation to the Hacheoncheon Air Force Co., Ltd., and KRW 7,66,00 in relation to the Hacheon Seocheon River Co., Ltd., was not paid, and there was no payment for the settlement according to the settlement statement of this case. Thus, the Defendant is obligated to pay it.

B. In accordance with the Defendant’s statement of settlement of accounts, 3,895,50 of the above settlement amount, the Plaintiff paid 3,895,500 of the above settlement amount as the secondary material payment that the Plaintiff paid, 520,000 won as the direct payment for B, and the Defendant’s direct payment of 1,620,000 won is the Defendant’s direct payment of 1,620,000 won, which should be deducted from the above settlement amount.

3. The judgment of this Court

(a) insofar as the judgment on the cause of the claim is deemed to have been duly formed, the court shall enter the document in its disposition, unless there is clear and acceptable counter-proof to deny the content of the statement.

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