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(영문) 광주지방법원 2019.05.03 2017가단15558
공사대금
Text

1. Defendant D Co., Ltd.:

A. The Plaintiff’s KRW 94,978,248 and the Plaintiff’s annual period from July 1, 2017 to May 3, 2019.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) contracted the construction of the above funeral hall to Defendant E (hereinafter “Defendant E”) as the ordering person of the construction of a new funeral hall on the land outside the Seo-gu in Gwangju, Seo-gu and two lots.

B. On June 4, 2015, Defendant E subcontracted the Plaintiff with the construction cost of KRW 162,80,000 and the construction period from June 4, 2015 to October 25, 2015 (hereinafter “instant subcontract”). On the same day, the Plaintiff and the Defendants agreed to pay the Plaintiff the instant construction cost of KRW 162,80,000 to Defendant E in person.

C. The Plaintiff completed the instant construction, and Defendant D directly paid KRW 117,800,000 to the Plaintiff out of the construction cost of the instant case.

Meanwhile, upon Defendant D’s request, the Plaintiff carried out an additional construction work equivalent to the sum of KRW 54,862,248 (hereinafter “instant additional construction work”).

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4, the result of the appraisal commission to G corporation of this court, the purport of the whole pleadings

2. Claim against Defendant D

A. According to the facts found in the judgment on the cause of the claim, barring any special circumstance, the Plaintiff and the Defendants agreed on direct payment for the instant construction work. Thus, Defendant D, the ordering person of the instant construction work, is obligated to directly pay the Plaintiff the unpaid construction cost of KRW 45,00,00 (=162,80,000-117,800,000) to the Plaintiff seeking direct payment as the subcontractor pursuant to Article 14(1)2 of the Fair Transactions in Subcontracting Act, and the Plaintiff, upon Defendant D’s request, was obligated to pay the instant additional construction cost of KRW 54,862,248.

B. Defendant D’s assertion on the 1 additional construction as to Defendant D’s assertion is not direct.

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