logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.01.11 2018나108115
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. On April 7, 2014, the Defendant entered into a contract for interior works (hereinafter “instant construction contract”) with the Defendant and the contractor as the Plaintiff, and paid KRW 40 million to the Plaintiff on April 8, 2014, with respect to the interior works of the multi-family house (hereinafter “instant construction works”) located in the Republic of Korea (hereinafter “instant construction works”).

B. The Defendant paid the Plaintiff KRW 30 million on April 9, 2014, and KRW 8 million on May 14, 2014, respectively, as the instant construction cost, to D, respectively, and paid KRW 82 million from May 23, 2014 to July 30, 2014.

C. After completing the structural frame and external construction of the building around June 15, 2014, the Plaintiff received steel at the construction site of this case around July 23, 2014, and the said multi-family house was approved for use on July 16, 2014.

After the Plaintiff was removed from the construction site of this case, the Plaintiff left D with internal and external interior interior interior interior interior interior interior interior interior works.

D subcontracted Hoho Construction to E, etc. to complete the construction work.

With D’s consent from August 6, 2014 to August 29, 2014, the Defendant paid a total of KRW 40,860,000 to the construction companies that take charge of some of the construction works, such as electricity, printing teams, and vessels during the instant construction works.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, Eul evidence 1, Eul evidence 5 (including additional numbers), Eul evidence 5, Eul's testimony and the purport of whole pleadings before reversal and return

2. Determination

A. The plaintiff 1 of the parties' assertion that the contract of this case was concluded with the defendant and completed the construction work accordingly, the defendant shall pay the construction cost of this case to the plaintiff.

However, with the consent of the Defendant and the Plaintiff, KRW 40 million that the Defendant paid to the Plaintiff and KRW 15 million that the Defendant paid to F on August 29, 2014 should be deducted from the above construction cost.

However, D is only limited to the subcontractor.

arrow