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Reasons
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(영문) 부산지방법원동부지원 2019.05.29 2017가단202090
손해배상(기)
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1. The Plaintiff (Counterclaim Defendant) paid KRW 1,907,437 to the Defendant (Counterclaim Plaintiff) and against this, from May 2, 2017 to May 29, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the wholesale and retail business of cosmetics under the trade name of “C,” and the Defendant is a company that runs civil engineering and construction business.

B. On November 4, 2016, D, represented by the Plaintiff, entered into a contract with E to provide for payment of the amount equivalent to 1/100 of the construction cost (hereinafter “instant construction contract”) to the 462,00,000 construction cost (including value-added tax; hereinafter “instant construction cost”) and the construction period from November 7, 2016 to December 20, 2016 (hereinafter “instant construction contract”).

C. Of the instant construction works, the Defendant completed all other construction works on January 13, 2017, except for external toilets and tennis works equivalent to KRW 45,00,000, which were not performed at the Plaintiff’s request.

Meanwhile, as part of the instant construction cost, the Plaintiff directly paid KRW 373,00,000 in total to the Defendant eight times as indicated in the following table, and directly paid KRW 500,000 to the Defendant’s sewage suppliers, etc. around January 13, 2017, around January 14, 2017, including KRW 600,000 and KRW 6,10,000,000, around February 6, 2017.

On November 4, 2016, 100,000,000 on the date of payment of the Nos. 37,000,000 on December 28, 2016, 200 on December 28, 2016; 3,000,000 on December 23, 2016; 3,00,000,00 on December 28, 2016; 3,00,000 on December 10, 20,000 on December 5, 2016; 10,000,00,000 on July 7, 200, 200; 50,000,000 on April 5, 200, 200, 2008; 10Da30,000 on August 19, 2017; 【No evidence No. 1730, Mar. 30, 2017

2. We examine the counterclaim first for the convenience of judgment on the counterclaim.

A. 1) The fact that the Plaintiff paid the Defendant a total of KRW 379,100,000 (i.e., direct payment of KRW 373,000,000 in direct payment) as part of the instant construction cost is as seen earlier.

Furthermore, the Plaintiff is not only the amount recognized.

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