beta
(영문) 인천지방법원부천지원 2015.11.26 2014가단49472

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff subcontracted the part of the Mapo-gu Seoul apartment construction (hereinafter “instant construction”) from the Defendant to February 2013, 2013, and subcontracted the tin construction from February 2013 to April 2013.

B. Around March 2, 2013, the Plaintiff received payment of KRW 13,200,000 from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness C's testimony, purport of whole pleadings

2. The plaintiff asserted and determined that the defendant entered into a labor contract with the defendant for the terms of settling down stone labor costs and food supply for the instant construction work, and input the total of KRW 34,265,00,00, including value added tax, for labor costs and food supply costs. Since the defendant paid only KRW 13,200,000, which is a part of the said construction work costs, the defendant is obligated to pay the remainder of the construction cost and damages for delay.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the instant construction contract entered into a contract with the content of settling down stone labor costs and food supplies every month, or invested an amount equivalent to the labor costs claimed by the Plaintiff, etc., and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.