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(영문) 서울중앙지방법원 2017.11.16 2016가단5293496

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is the cause of the instant claim. On June 8, 2015, the Plaintiff concluded a construction contract with the Defendant on a fixed contract amount of KRW 170,280,210 (including value-added tax) with respect to the “the Home Shelf Improvement and Other Construction Works for the Hode Station of Geumcheon-gu Small Line” (including value-added tax). The Plaintiff asserts that the construction contract was terminated even on December 31, 2015, the Defendant’s flag construction cost, such as material cost and personnel expenses for the said construction, is KRW 136,766,831, and the Plaintiff paid KRW 136,76,76,831, which was paid by the Defendant and paid from the Defendant for the roof material cost, and sought payment of KRW 31,60,00,000, remaining after deducting the payment of KRW 31,60,000 for the aforementioned construction cost.

2. In light of the appraisal result of appraiser A and the overall purport of the arguments against appraiser A of this court, it is not sufficient to find that the plaintiff's presentation alone constitutes KRW 136,766,831. Rather, in full view of the appraisal result of appraiser A and the overall purport of the arguments against appraiser A of this court, it can be recognized that the construction cost of the above construction work performed by the plaintiff does not exceed KRW 31,080,481 (including the part of roof Construction Work) paid to the plaintiff and that the plaintiff delivers the same amount of KRW 31,60,000 to the defendant for use by purchasing roof materials equivalent to KRW 31,60,000,000 as above, there is no evidence to support this. Accordingly, the defendant's assertion that if the defendant deducts KRW 31,080,60,000 paid to the plaintiff, the above construction cost remains without merit.

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