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(영문) 수원지방법원 2016.02.03 2015가단36866

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, who is engaged in the electrical construction business in the name of B, was awarded a contract for the construction of a new building D Co., Ltd. (hereinafter “D”) located in Sungsung City Co., Ltd. (hereinafter “D”).

B. On April 1, 2015, the Plaintiff, the Defendant, and D agreed to pay KRW 79,300,000 to the Plaintiff directly to the Plaintiff. On April 2, 2015, D paid the said money to the Plaintiff.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. The Plaintiff’s assertion and the Defendant’s subcontract payment amounting to KRW 183,00,000, and KRW 79,300,000, out of the subcontract payment amount, D made a direct payment agreement. As such, the Defendant shall pay the Plaintiff the payment of KRW 43,70,000 (=183,000,000 - 139,300,000).

3. According to the evidence mentioned above, the agreement and the letter of payment (direct payment) written by the plaintiff, the defendant, and D 3 on April 1, 2015 entered the subcontract price in D as KRW 183,00,00 (in direct payment) and the subcontract price for the plaintiff 79,30,000 (including additional tax) respectively. The above third party is only recognized as having agreed not to raise any objection against a citizen, criminal law after the settlement of the price, and there is insufficient evidence to acknowledge that there exists the construction price to be additionally paid to the plaintiff by the defendant, and there is no other evidence to acknowledge it.

4. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.