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(영문) 전주지방법원 정읍지원 2017.02.14 2015가단5048

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On August 4, 2014, the Plaintiff asserted that, upon receiving a contract for remodeling works for the Defendant’s housing (hereinafter “instant housing”) residing from the Defendant, the Plaintiff carried out the work of inserting the styrene onto the outer wall of the building and piling up the styrens from the outer wall until August 10, 2014, and completed various construction works by December 13, 2014 at the Defendant’s request.

The instant housing is approximately 32 square meters, structural risks, and the general construction cost is more than 30% or 40%, and the total construction cost of the instant housing is at least 65 million won. The Defendant paid only KRW 40 million among them.

Therefore, the defendant should pay to the plaintiff the remainder of the construction cost of KRW 25 million and damages for delay.

B. The evidence presented by the Plaintiff alone is insufficient to recognize the scope of construction works and the construction cost thereof, and there is no evidence to acknowledge otherwise.

Rather, according to the written evidence Nos. 1 and 4, the construction cost is indicated in the written estimate on the instant housing repair work for which the Plaintiff’s seal is affixed, and the fact that “the cost of construction is indicated as KRW 33.5 million” in the family registry prepared by the Defendant on August 4, 2014. Thus, it is difficult to view that the price of the instant housing remodeling work is KRW 65 million.

Therefore, the plaintiff's claim is rejected.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.