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(영문) 인천지방법원 2018.05.17 2017나61761
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is running a construction business under the trade name of “C”, and the Defendant is operating the “E convalescent” at the 6th floor above the 3rd floor of the building underground in Jung-gu Incheon Metropolitan City.

The contract amount shall be KRW 1,350,000,000 including inside and outside the contract amount, and the F shall not require the defendant to pay additional construction expenses.

Of the construction cost of KRW 1,350,000,000, the defendant shall pay F to F 450,000,000 to KRW 500,00,000, and the shortage of construction cost of KRW 1,350,000 shall be treated and treated by F and paid within three months in installments after the work.

All the Corporation shall begin on April 2016 and end up the construction period within three months so that the Defendant may begin medical treatment.

April 20, 2016, Defendant (sealed) F (Signature) on April 20, 2016

B. On April 20, 2016, the Defendant entered into a contract with F to contract F with F for the repair work of the building “Evalescent Hospital” (hereinafter “instant construction”) for KRW 1,350,000, and KRW 000, as the following contract (Evidence B No. 1).

The amount of the payment date No. 15,00,000 on April 28, 2016 (won 15,000,000 on July 30, 2016) 20,000 on May 18, 2016 (i.e., 150,000,000 on May 18, 2016; 30,000,000 on August 10, 2016; 30,000 on June 23, 2016; 10,000,000,000 on August 15, 2016; 10,00,000,000 on July 27, 200, 200, 3005,000 won on the aggregate of KRW 150,005,00 on August 16, 2005;

C. From April 28, 2016 to August 26, 2016, the Defendant paid F in advance the total of KRW 610,000,000 as follows.

The F commenced the instant construction from August 26, 2016 (Evidence A8). The F subcontracted or directly built the instant construction to the Plaintiff, beneficiary Dozin Co., Ltd. and the Eastern Industries Co., Ltd.

On September 10, 2016, F subcontracted the stone construction work among the instant construction works to the Plaintiff at KRW 16,698,000, and the Plaintiff completed the said stone construction work on September 30, 2016.

E. The Defendant is the instant construction cost to F. ① From April 28, 2016.

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