logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2017.05.16 2016가단4981
공사대금
Text

1. The plaintiff's claim against the main defendant B and C is dismissed, respectively.

2. Preliminary Defendant D is 143,000.

Reasons

1. Around April 6, 2015, the Plaintiff was awarded a contract for construction cost of KRW 300,000,000 with respect to the construction of neighborhood housing units E on the ground (hereinafter “instant E construction”) from the primary Defendants at Port-si, North Korea-si, North Korea-si, and completed the said construction work around July 28, 2015.

The primary Defendants paid KRW 157,00,000 among the construction cost of the instant E Corporation, and the remainder of the construction cost that the primary Defendants shall pay to the Plaintiff as of July 28, 2015 was KRW 143,00,000.

On July 29, 2015, the primary Defendants deposited KRW 145,000,000 into the primary Defendant’s account (specificly, Defendant B deposited KRW 158,000 to F, the primary Defendant C, and F, deposited KRW 145,00,000 to the primary Defendant’s account). The primary Defendant immediately thereafter remitted KRW 145,00,000 to G (hereinafter “G”)’s account.

On the other hand, on April 8, 2015, G received a contract from the Preliminary Defendant for the construction of the instant H’s ground neighborhood living facilities (hereinafter “instant H”) at KRW 750,000,000 for the construction cost, and around September 2015, G and the PP Defendant concluded a so-called contract for the construction cost of KRW 1,243,00,000 for the instant construction site.

The Plaintiff had the name of the managing director of G, and served as the head of the site in the instant H construction work.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, Eul evidence Nos. 1, 2, and 5, each order to submit each financial transaction information to the New Port Saemaul Fund of this Court, the result of each order to submit each financial transaction information, the purport of the whole pleadings

2. Determination as to the claim against the main Defendants

A. The Plaintiff’s assertion is to seek payment of KRW 143,00,000 for the remainder of the E Corporation to the primary Defendants.

B. In full view of the statement No. 3 and witness D’s testimony, the primary Defendants are the remainder of the E Corporation, around July 2015, to the Plaintiff.

arrow