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(영문) 대전고등법원 2015.05.13 2014나3212
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain are as follows: (a) the following statements are added to the third part of the judgment of the court of first instance, and (b) the third part of the reasoning of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the following matters: (c) the reasoning of the judgment of the court of first instance is as stated in Article 420 of the

2. The part concerning additional statements and revised statements

A. As to the additional statements (as set forth in the third page 5 of the judgment of the court of first instance), the defendant asserts that since the defendant ordered the construction of the building of this case to sub-construction and sub-construction subcontracted the construction of this case to the plaintiff during the construction of sub-construction, the plaintiff cannot seek a direct payment for the construction cost from the defendant under the contract.

In light of the above, it is reasonable to deem that the Defendant directly contracted the instant construction to the Plaintiff. Even if the Plaintiff had been awarded a subcontract for the instant construction from the Saturdays Construction, the Defendant is obligated to pay the Plaintiff the construction cost incurred by the instant construction, so long as the Defendant agreed to pay the Plaintiff the construction cost directly by preparing a written consent of the direct payment.

B. The Defendant asserts that the part of the construction work completed (Article 3-3 of the reasoning of the judgment of the court of first instance) was that the Defendant paid the construction work after the completion of the building of this case, and that the Plaintiff obstructed construction while exercising lien and did not yet completed the building of this case, the time for payment of the construction work did not arrive.

According to the evidence evidence Nos. 2 through 4, it is acknowledged that the Plaintiff and the Defendant agreed to “the Defendant shall receive loans after the completion of the building of this case” with respect to the payment of the construction cost, and that the building of this case has not yet been completed does not conflict between the parties, but the Plaintiff shall take full account of each of the evidence Nos. 2, 3, and 5 and the purport of the entire pleadings.

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