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(영문) 인천지방법원 2018.09.13 2018가단211302

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On July 23, 2015, the Plaintiff asserted that he/she contracted 270,000,000 won from the Defendant for the construction of the ground of civil earth and sand (hereinafter “the first ground of destruction”) among the Gangnam-si C Corporation, and received the said payment in full.

① During the first excavation work, KRW 7,902,00, ② the construction cost of the water tank, machine room, and elevator room that was concluded orally with the Defendant in addition to the first excavation work (hereinafter “additional excavation work”), KRW 46,624,881, which was leased by the Plaintiff for access road construction work upon the Defendant’s request (hereinafter “additional excavation work”); ③ KRW 4,620,000, ④ the cost of the installation of earth facilities and household facilities (hereinafter “soil facilities construction”) totaling KRW 104,246,80,000, which was the sum of KRW 104,246,80, and KRW 98,43,380, among the costs of the installation work and household facilities (hereinafter “soil facilities construction”). If the contract between the Plaintiff and the Defendant has not been concluded with respect to the installation work, such as earth facilities, the Defendant should return unjust enrichment to the Plaintiff and the Defendant, etc., as it is equivalent to KRW 45,100,00.

B. The Defendant’s assertion (1) does not have an agreement to pay the Plaintiff to prepare against the on-site autopsy.

(2) The construction cost of additional destruction was paid in full as KRW 21,972,208; there was no receipt of a tax invoice on the amount claimed by the Plaintiff; and the tax invoice submitted by the Plaintiff was prepared in falsity and cannot be trusted.

③ Although there was a fact that the Plaintiff borrowed heavy equipment from the Plaintiff in addition to the initial excavation work, the Plaintiff paid the full amount of KRW 5,813,500 for the equipment usage fee. In addition, there was no fact that the Plaintiff borrowed equipment equivalent to KRW 4,620,00, and there was no fact that the tax invoice was issued.

④ Contracting parties to a construction project, such as soil bags, are Defendant and D, Defendant and E, and the Plaintiff are not parties to the contract.

The defendant.