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(영문) 서울고등법원 (춘천) 2018.08.29 2018나362
공사대금
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, the part on the Defendant-Counterclaim Plaintiff’s principal lawsuit amounting to KRW 287,00,000.

Reasons

1. Basic facts

A. The Co-Defendant 2 Co-Defendant 1 Company B Co-Defendant 1 (hereinafter “Co-Defendant 2”) in the first instance trial conducted a business to create and sell a electric source E (E), a housing complex, on the ground of a total of 53,000 square meters wide from Gangwon-gun D D, Gangwon-do. (hereinafter “E”).

The defendant is the wife of F, the representative of the non-party company.

A limited partnership company M (hereinafter referred to as "M") is a company whose business purpose is civil engineering, construction work, etc.

B. On August 25, 2009, M substantially operated by the Plaintiff submitted to the Defendant a written estimate for construction cost of KRW 1.25 billion (excluding value-added tax) with respect to E’s civil engineering works, ② drainage works, ③ waterworks works, ④ sewerage works, ⑤ road packaging works, and 6 L/C construction works (hereinafter referred to as “instant construction works”), and a written estimate for construction cost of KRW 1.25 billion with value-added tax (excluding value-added tax), and on September 25, 2009, the Defendant contracted the instant construction work to M in KRW 1.25 billion with the construction cost of KRW 1.5 billion.

(W) The contract was concluded orally without preparing it. (C)

M and the Defendant, on October 15, 2010, drafted a written contract for the first construction work among the instant construction works (including value-added tax) at KRW 6550,450,000 (including value-added tax), the date of commencement, October 15, 2010, and the date of completion as of January 10, 201.

After that, the defendant paid the above construction cost to M in total 650 million won. D.

On October 18, 2012, the Plaintiff transferred all shares of M owned by the Plaintiff to another person. Around that time, the Plaintiff and the Defendant agreed to proceed with the second construction among the instant construction works and pay the construction price to the Plaintiff.

E. The Defendant paid to the Plaintiff KRW 199.5 million out of the secondary construction cost, but did not pay the secondary construction cost, and the Nonparty Company filed a complaint with the original branch office of the Chuncheon District Prosecutors’ Office against the Plaintiff on the charge of fraud, and thus, has pending disputes over the instant construction cost and the instant construction cost payment between the Plaintiff and the Defendant.

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