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(영문) 대전지방법원홍성지원 2016.11.30 2016가단5184
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Around June 13, 2014, Defendant B entered into a contract with D Co., Ltd. (hereinafter “D”) for the construction of three-story housing and neighborhood living facilities (hereinafter “instant building”) on the ground of 257 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Hongsung-gun, for the construction of new housing and neighborhood living facilities (hereinafter “instant building”), by setting the construction cost of KRW 450 million and the construction period from July 2014 to November 30, 2014.

D The construction of the instant building was completed around August 2015, and accordingly, Defendant B and his wife completed registration of initial ownership on August 28, 2015, respectively.

In settling the construction cost with D on September 1, 2015, Defendant B agreed to pay KRW 90 million out of the remainder upon completion of the construction work. On the same day, Defendant B received delivery of the instant building from D.

On September 23, 2015, Defendant B settled the remainder with D on September 23, 2015, and received a receipt stating that “D was paid in full by Defendant B for the construction work of the instant building construction work.” The remainder, upon D’s request, shall be paid in D, and the remainder shall be paid in direct to other sewage suppliers.” On the same day, Defendant B was issued a receipt stating that “D was paid in full by Defendant B for the construction work of the instant building construction work.”

The Plaintiff is a director of D in-house, and completed the construction of interior works of the instant building (hereinafter “the instant interior works”).

On July 2, 2015, Defendant B transferred KRW 10 million to the Plaintiff’s account.

[Ground of recognition] Facts without dispute, Gap 1 through 3, Eul 1 through 8 (including each number; hereinafter the same shall apply), witness F, and the purport of the whole pleadings

2. Although the Plaintiff’s cause of the Plaintiff’s claim is a director of D’s intra-corporate director, the Plaintiff has been performing human subjects construction by subcontracting from D.

However, D's subcontract price paid to the Plaintiff was approximately KRW 260,000,000,000,000, and the Plaintiff is D's.

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