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(영문) 전주지방법원 2017.09.22 2016나9875
공사대금 등
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, along with her husband H, operates Indian fishery in Jeonju City with her husband H, and the Defendant, along with her husband I, operates Indian fishery and real estate business with the trade name “D” in Seoul.

B. On October 25, 2012, the Defendant subcontracted the interior works to the Plaintiff, among the new construction works for housing for electric power source in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant subcontracted the interior works to the Plaintiff several times among the new construction works that the Defendant had subcontracted to the Plaintiff (hereinafter referred to as the “instant construction works,” in total, the interior works subcontracted to the Plaintiff by the Defendant).

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. Summary of the plaintiff's assertion

A. Since the Plaintiff completed the instant construction project, the Defendant is obligated to pay the unpaid construction cost of KRW 17,196,00 and the delayed payment damages to the Plaintiff.

B. The Defendant claiming the amount of indemnity was paid in lieu of the Plaintiff’s debt owed to the Sejong Feama Co., Ltd. (hereinafter “Semanma”), by paying the instant construction cost. Since the Defendant did not pay the amount of KRW 18,90,000, the Plaintiff was obligated to pay the Plaintiff the said amount of KRW 18,990,000 and the damages for delay.

C. Since the Plaintiff loaned a total of KRW 21,110,000 to the Defendant over several occasions, the Defendant is obligated to pay KRW 21,110,000 to the Plaintiff as well as damages for delay.

3. Determination

A. The Defendant subcontracted the instant construction project to the Plaintiff, and there is no dispute between the parties that the Plaintiff completed the said construction project, barring any special circumstance, the Defendant shall pay to the Plaintiff the unpaid amount of the construction cost and the delay damages.

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