beta
(영문) 수원지방법원 2017.07.20 2017가단2102

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the facts without dispute over the basic facts, Gap evidence Nos. 1 and 8, and the purport of the entire pleadings, the plaintiff may each recognize the fact that he/she performed a construction work for cutting-in-house C, Sil Jin D, and Silju E field with a subcontract from the defendant from April to December 12, 2014, and that the plaintiff received a total of KRW 53,500,000 from the defendant in relation to the above construction work.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Defendant paid KRW 41,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00 won for each of the 3

B. On the other hand, the evidence presented by the Plaintiff and the witness F alone are insufficient to recognize that the Plaintiff was awarded a contract for construction work with the amount claimed by the Plaintiff from the Defendant (the witness F testified that the Defendant had entered into a contract for construction work in the amount of KRW 700,000 per square meter). However, there is insufficient evidence to acknowledge that the contract for construction work was concluded at the ordinary level of KRW 700,000 per square meter in relation to the construction claimed by the Plaintiff. In addition, the Kakao Stockholm content of G with G is insufficient to acknowledge the unit price of the construction cost solely based on the above evidence, as the Plaintiff stated that G had entered into a contract with the amount of KRW 70,000 per square meter from the Plaintiff. The unit price and the construction calculation statement at another construction site are insufficient to determine the unit price between the Plaintiff and the Defendant). There is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim is justified.