공사비 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that there is no dispute is a contract order for civil engineering works for non-party C, and non-party C, and the fact that the Defendant is the contractor and the Plaintiff is the contractor is the fact that there is no dispute between the parties to the contract on the contract for civil engineering works as of December 10, 2016, stating that the contract price shall be KRW 200 million on December 10, 2016, and the intermediate payment shall be paid KRW 100 million after the completion of stone construction works on January 30, 2017, and the balance shall be paid KRW 100 million upon completion of the construction works on March 31, 2017.
2. The gist of the parties’ assertion is the cause of the instant claim. The Plaintiff completed the civil engineering works by being awarded by the Defendant for KRW 400 million on December 10, 2016, and thus, the Defendant claimed payment of KRW 200 million for the remainder of the construction works. The Defendant asserted that, upon entering into a contract for construction works with Nonparty D, only the contractor was the Plaintiff, and that D actually performed construction, and that the Plaintiff did not perform construction works.
3. Determination, even if the Plaintiff received a supply of the said civil engineering works from the Defendant
Even if the evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff completed the above civil works and construction works, and there is no other evidence to acknowledge it, the plaintiff cannot seek payment for the remaining amount against the defendant.
Therefore, the plaintiff's claim is without merit without examining the remainder of the claim.
4. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.