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(영문) 수원지방법원 2017.09.26 2016가단542030

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. On November 10, 2015, the Plaintiff and the Defendant entered into a subcontract agreement for the following construction works (hereinafter “instant contract”) with the Defendant, the subcontractor, and the Plaintiff, regarding the construction of the steel frame and the board construction among the construction works for the construction of the local food plant in the Seo-gu, Seo-gu, Seoan-gu, Seoan-gu (hereinafter “instant construction works”).

The construction period: On November 20, 2015, the contract amount on January 30, 2016: 380,000,000 won: Value added Tax: 350,000,000 won: 35,000,000 won contract deposit: the Defendant paid 100,000,000 won to the Plaintiff on the date of the instant contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. The Plaintiff asserts that the Defendant should pay KRW 59,197,676 to the Plaintiff for the production and installation of steel bars and KRW 47,125,00,00, inasmuch as the Plaintiff ordered and supplied steel bars that will be required for the instant construction pursuant to the instant contract.

On the other hand, the defendant asserts that since the defendant paid to the plaintiff an advance payment of KRW 100 million, it was necessary to procure materials and perform construction works in this money, it was used in another place, and it was rather the damage to the defendant.

C. In spite of the court’s demands for proof throughout the number of times, the Plaintiff submitted the evidence Nos. 1 and 2 as seen earlier, and did not prove how the Plaintiff actually undertaken the construction, how much the proceeds of the steel industry, and how much the proceeds of the steel industry, etc.

The plaintiff's claim cannot be accepted, since the facts underlying the plaintiff's claim cannot be accepted.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.