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(영문) 울산지방법원 2018.05.31 2017나1271

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. A. Around June 2015, the Defendant awarded a contract for remodeling construction of officetels in Ulsan-gu B (hereinafter “U.S. comprehensive construction”), and the Plaintiff received a subcontract by setting the construction period from the construction of the U.S. comprehensive construction to November 16, 2015 as the construction cost (including value-added tax) from June 17, 2015 and the construction cost of KRW 44,000,000 (including value-added tax).

(hereinafter referred to as the “C Corporation”). B.

In addition, at that time, the Plaintiff entered into a contract with the Defendant for the electrical construction of the female building in Ulsan-gu, Ulsan-gu, with the amount of KRW 7,480,00 (including value-added tax).

(hereinafter referred to as the “E Corporation” and, in total, C and E (hereinafter referred to as the “each of the instant works”).

The Defendant completed each of the instant construction works, and received KRW 49,500,000 from July 2, 2015 to December 28, 2015 (i.e., KRW 5,500,000 for additional construction works as stipulated in the contract agreement) as part of the construction price for E, and received KRW 3,30,000,00 as part of the construction price for E, respectively. < Amended by Presidential Decree No. 27030, Mar. 18, 2016>

[Reasons for Recognition] Unsatisfy, entry of Eul evidence Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion completed all of the instant construction works, the Defendant did not pay the Plaintiff the total construction cost of KRW 13,464,00,000. Therefore, the Defendant sought payment for the said unpaid construction cost against the Defendant.

B. 1) The evidence submitted by the Plaintiff on the claim for construction price as to C Corporation is insufficient to recognize that the Plaintiff has a claim for construction price payment from the Defendant exceeding the total of KRW 49,500,000,000, as seen earlier, as seen earlier, and there is no other evidence to acknowledge it (as alleged by the Plaintiff, as otherwise).