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(영문) 의정부지방법원 2017.04.20 2016나2469
공사대금
Text

1. Revocation of a judgment of the first instance;

2. All the plaintiff's primary claim and the conjunctive claim added at the trial.

Reasons

1. Basic facts

A. On December 17, 2014, the Defendant concluded a contract with the C Co., Ltd. (hereinafter “C”) to determine the construction period of electric installations among the construction works of HB block neighborhood living facilities (hereinafter “instant zone construction”) as KRW 1,078,00,000 of the construction amount (including value-added tax) from December 17, 2014 to December 30, 2015.

B. On January 15, 2015, the Defendant opened an account under the name of the Defendant with the IBK Enterprise Bank, and used it as a deposit passbook for expenses incurred at the construction site of the instant district (hereinafter “on-site passbook”) (hereinafter “on-site passbook”), and the Defendant as well as the Plaintiff deposited money in the field passbook.

C. The Defendant, upon introduction by the Plaintiff, employed I as the site director of the instant district construction.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-3, 9 (including each number; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion is a so-called “o” in which the Plaintiff entered a contract with a construction company while carrying many parts of persons and going to a construction site.

Around December 2014, the Defendant: (a) concluded a contract for a construction project to re-subcontract the said construction project to the Plaintiff at KRW 870,000,000 for the construction cost, between the Plaintiff and the Plaintiff.

At the time, the contract between the plaintiff and the defendant was prepared, but they are not currently held by the defendant.

Since then, the defendant prepared a false formal contract in collusion with some other persons employed by the plaintiff in order to have the appearance of a direct construction work.

On December 18, 2014, the Plaintiff entered into a contract with the foregoing reasons, starting construction work from around December 18, 2014, and ceased construction work on May 31, 2015 on the grounds of the Defendant’s unpaid construction payment.

In addition, the defendant is the E Syptian Corporation, the F sale office restoration works, and G shopping mall construction works from C.

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