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(영문) 대구지방법원 2019.09.25 2018나315937
공사대금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 24,425,00 as well as the full payment with respect thereto from June 2, 2017.

Reasons

1. Basic facts

A. A. On October 2016, the Plaintiff: (a) requested to search and seize a plant among the Youngcheon-si Fro Design and Civil Works Works (hereinafter “instant Construction Works”); and (b) from the business to the end of December 2016, 2016, the Plaintiff: (c) received a request from C for excavation of a F-si Factory Construction and Civil Works Works (hereinafter “instant Construction Works”); and (d) performed excavation from the business to the end of December 2016.

B. On January 13, 2017, C drafted a payment note to pay the Plaintiff KRW 30,000,000 to the Plaintiff by January 25, 2017.

C. While the Plaintiff was unable to receive the above equipment costs, the instant construction was suspended, and C renounced the instant construction.

At the time, C promised E to be responsible for the unpaid construction cost of the subcontractor. D.

After that, on March 15, 2017, the Defendant was awarded a contract for the instant construction cost of KRW 24 million with E, and employed G as the site manager of the instant construction site as it is, and G continued to manage the instant construction site as the site manager even after the change of the contractor to the Defendant.

E. As the Plaintiff demanded the payment of the above equipment cost and obstructed the Defendant’s resumption of construction by preventing entry into other digging machines at the construction site of this case, the said G promised to pay the Plaintiff the cost of cutting off equipment (hereinafter “instant equipment cost”).

F. On March 30, 2017, the Plaintiff received the Defendant’s business registration certificate from G, and issued and delivered an electronic tax invoice for KRW 29,425,000 to the Defendant on April 1, 2017.

After that, G had the Defendant’s employee transfer KRW 5 million to the Plaintiff’s account on May 2, 2017.

G. Meanwhile, the cost of equipment that the Plaintiff had not received until now is KRW 24,425,00.

[Ground of recognition] Facts without dispute, Gap 1 to 3, 6 evidence, Eul 1 and 2 evidence (including each number; hereinafter the same shall apply).

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