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(영문) 대전지방법원 2016.10.14 2015나106972
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. Basic facts

A. On June 7, 2013, the Defendant: (a) determined and supplied the C Company’s factory site construction work amounting to KRW 660,00,000 and the construction period from June 11, 2013 to March 3, 2014 on the seven parcels outside Sacheon-si from the C Company (representative D).

B. On August 16, 2013, the Plaintiff supplied sewage by setting the construction cost of KRW 261,800,000 and the construction period from August 20, 2013 to October 10, 2013, and received KRW 40,000,00 as advance payment from the Defendant around that time.

C. Around September 10, 2013, the Defendant entered into a contract with C Company on the ground that C Company could not pay the construction cost properly.

On August 2, 2013, the Plaintiff suspended construction work on September 25, 2013 on the wind that the blasting permission for the construction site was not granted while performing the said blasting construction work from around August 2, 2013, and thereafter dismissed the construction site after it was difficult for C Company (D) to pay any more construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 and 3, Eul evidence 2 and 3, F's testimony of the party-trial witness, the purport of the whole pleadings

2. The Plaintiff asserts that the unpaid construction cost out of the construction cost has reached KRW 34,580,059 for the blasting volume until the time of the completion of the instant construction site. The Plaintiff asserts that the payment is sought from the Defendant.

In regard to this, the Defendant recognized that the Defendant had consulted with C Company, the principal contractor, and agreed to receive direct construction cost from C Company, the principal contractor, and completed settlement between C Company, and thus, the Defendant did not have any obligation to pay the said blasting construction cost.

3. According to the Plaintiff’s evidence No. 11 and the witness F’s testimony, the Plaintiff’s blasting volume up to the time during the participation of the Plaintiff’s actual representative G, Powders P, and Defendant’s on-site Director F (name I before the opening of the name) by December 5, 2013, while the Plaintiff’s on-site Director D’s representative of C Company D on December 5, 2013 is KRW 27,000, the blasting price is KRW 75,600,000, and the blasting price is KRW 44,000.

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