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(영문) 대구지방법원 2015.04.01 2014나10180
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant, as a juristic person established for the purpose of the telecommunications construction business, concluded a contract with B to contract for the Maponam Broadcasting Corporation (hereinafter “instant construction”) with B.

- The transferor, B, waives the claim for the construction cost.

- The transferee shall complete the remaining work until December 14, 2012.

- If the assignee is unable to complete the construction within the above time limit, construction costs may be received after completion of the construction work.

- The transferee is premised on the payment of personnel expenses and expenses incurred from October 11, 2012 when the Plaintiff completed the work within the above-mentioned period.

- There is no responsibility for any obstacle subsequent to the establishment. - It shall be paid 15 p.m. prior to 5 p.m. on the following 14th day before the completion of construction works.

- - Payment after completion inspection after 15 days of work completion.

B. On December 3, 2012, the Plaintiff, the Defendant, and B, while carrying out the instant construction project, renounced the remainder of the instant construction project (hereinafter “the remainder of the construction project”), and written an explanatory note on the content that the Plaintiff acquired and carried out by transfer (hereinafter “instant contract”). The main contents are as follows.

C. The Defendant paid to the Plaintiff KRW 20,000,000 on December 3, 2012, and KRW 10,000,000 on the 17th of the same month, and KRW 8,670,00 on the 18th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6, Eul evidence 3, witness D, witness of the first instance court, witness of the second instance court, and the purport of the whole pleadings

2. As to the Plaintiff’s assertion, the Plaintiff received KRW 20,00,00 from the Defendant on December 3, 2012, and received KRW 34,290,00 from the Defendant, and the construction cost for the remainder of the construction work in the instant case as stipulated in the instant contract was KRW 34,290,00, and the Plaintiff completed the remainder of the construction work, and the Defendant paid KRW 18,670,00 to the Plaintiff out of the said construction cost, so the Defendant paid the remainder of the construction cost and the delay damages therefrom to the Plaintiff.

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