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(영문) 대구지방법원 2016.07.08 2015가합203800
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 13, 2013, the Defendant entered into a contract with C (hereinafter “C”) under which C receives a supply of construction cost of KRW 1,250,000 from the Defendant for the new construction of two multi-household houses (one Dong household, 16 household units) located in Yongcheon-si D, by setting the construction cost of KRW 1,250,000. The F (the representative director of the Defendant) was between C and C on the same day, and C determined and receives a supply of construction cost of KRW 700,000 for the new construction of the E-multihousehold household (one Dong household) located in Yongcheon-si, Yongcheon-si, by setting the construction cost of KRW 80,00.

(The number of households under each of the above contracts is the total of 24 households, such as 16 households and 8 households; hereinafter referred to as “instant construction”). (b)

On March 2014, the Defendant and C drafted a statement of direct payment that the Defendant would pay the construction cost directly to the subcontractor.

[Reasons for Recognition] Facts without dispute, Eul evidence 3-1, 2, and Eul evidence 5

2. Determination as to the claim

A. A. Around February 27, 2014, the Plaintiff entered into a contract with the Defendant for the supply of and demand for interior decoration works, such as ridges and floor works, within each household during the instant construction works, by submitting a written estimate equivalent to KRW 226,435,968 (including value-added tax) to the Defendant, and subsequently adjusted the amount to KRW 188,443,200 (including value-added tax) to the said artificial engineering works around the end of April 2014.

In addition, at the request of the defendant, the plaintiff performed additional construction work equivalent to KRW 19,476,80 in relation to the above interior work.

Accordingly, the defendant is obligated to pay to the plaintiff 14,920,000 won for the remainder of the construction work excluding KRW 93,00,000 which the defendant paid to the plaintiff (=the additional construction cost of KRW 188,443,200 for the original construction cost of KRW 19,476,80 for the original construction cost of KRW 19,476,80 for the previous construction cost of KRW 93,00,000 for the previous construction cost of KRW 93

B. (1) Determination is made between the Plaintiff and the Defendant as to whether the instant interior contract was concluded.

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