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(영문) 인천지방법원 2020.08.20 2018가단35690

공사대금등

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On July 10, 2018, the Plaintiff started work at the instant construction site from July 17, 2018 upon request from the Defendant’s site manager C (hereinafter “instant construction”). The content of the instant construction work, which is microl files, is to put six human resources into a astronomical, rinking, rinking, steel sprinking, and sprinking, and to additionally receive KRW 1,100,000 as a day for other companies’ work (hereinafter “instant additional work”).

B. On July 24, 2018, during the instant construction project, the Plaintiff, C, and the instant construction site that had been responsible for the construction of other sections at the instant construction site E, while meeting the instant construction project, prepared the following minutes (hereinafter “instant minutes”).

◆회의내용 요약 casing=M: 30,000원 연암=M: 45,000원 월대=月 33,000,000원 주유지급 28日 협의 후 月대 및 M당 정산 후 계약 투입인원 A 사장님 포함 7명 그라우팅. Bar근입. 타업체까지.

Monthly equipment contract (consultations on 17:00 to 24:0)

C. On July 28, 2018, the Plaintiff suspended the instant construction and additional construction works at the Defendant’s request and completed the said works at the construction site. D.

On August 31, 2018, the Defendant transferred KRW 2,693,550, KRW 2,195,290 to G, KRW 590, KRW 590 to H, KRW 590,160, and KRW 487,840 to I. On September 21, 2018, KRW 5,500,000 to the Plaintiff as the equipment advance payment, and KRW 2,750,000 to J, Inc., the Plaintiff traded on October 16, 2018, respectively.

E. On October 2018, the Plaintiff prepared by only K as delegated by C in order to consult on the instant construction and additional construction costs, and prepared by the Plaintiff.