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(영문) 서울중앙지방법원 2019.08.14 2019나6446

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant”) contracted G construction with D Co., Ltd. (hereinafter “D”), and the rehabilitation company A Co., Ltd. (hereinafter “A”) completed the construction by entrusting the construction of sludge (hereinafter “instant construction”).

B. The Defendant paid to the Plaintiff a total of KRW 50,000,000 among the construction cost of KRW 125,000,000, and received a written confirmation of the payment of the construction cost of KRW 50,000 from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 7 through 11, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant agreed to bear the total construction cost of KRW 125,00,000,000 in this case. Since only the 75,000,000 among them was settled, the plaintiff asserts that the remaining construction cost should be paid to the plaintiff.

On the other hand, the defendant asserts that since the defendant agreed to pay D the remainder of KRW 50,000,000 among the original construction cost of KRW 125,000,000,000, the defendant did not have a duty to pay the remainder of KRW 50,000 to the plaintiff.

B. In light of the following circumstances that can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the evidence and evidence set forth in the above judgment Nos. 1, 2, 6, 13 through 16, and 19, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant agreed to bear the construction cost of 125,00,000 won, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

① A, the Defendant, and D officers set the construction cost of KRW 125,00,000 for the instant construction work around 2013, and KRW 75,000 among them, the Defendant’s remainder of KRW 50,000 shall be borne by D.