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(영문) 대전고등법원 2020.06.03 2019나15340
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation as to the instant case is that, except where Defendant B’s “Defendant B” in the judgment of the first instance and Defendant C’s “Defendant C,” respectively, are the same as the part against the Defendant in the reasoning of the judgment of the first instance, i.e., “1. basic facts” in the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff paid KRW 400,000,000 to the Defendant, on the condition that the Defendant completed the construction work of heating and cooling equipment up to December 20, 2017 and completed the submission of documents necessary for the completion by December 30, 2017, on condition that the Plaintiff paid KRW 525,00,000 to the Defendant directly or through B.

Nevertheless, until December 29, 2017, the Defendant did not complete the pipeline construction work in addition to the completion of the supply of air conditioners and air conditioners. On January 29, 2018, the Defendant carried in the outdoor air conditioner around the horse and carried out the installation work of the outdoor air from January 31, 2018.

As above, the Defendant suffered damages equivalent to the above amount by purchasing solid fuel equivalent to 16,170,000 won as it was impossible for the Plaintiff to operate the heating and cooling equipment even if he was at the time, and doing the instant construction work, and thus, the Defendant is liable to compensate the Plaintiff for such damages.

B. Comprehensively taking account of the evidence and the overall purport of the pleadings as seen earlier, the Defendant entered into a subcontract with B on September 7, 2017 by designating “the completion date” and “70,000,000,000,000 (including value-added tax) for the installation of air conditioners” as “the construction cost was not paid from B,” and the Plaintiff, B, and the Defendant suspended the installation of the air conditioners around November 28, 2017, and the Plaintiff, B, and the Defendant continued a meeting on November 29, 2017, and the Plaintiff’s school approval of the Office of Education “the Defendant” at the above meeting should be filed for the completion of construction by collecting the certificate by December 20, 2017.

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