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(영문) 전주지방법원 2017.11.10 2016가단35873

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On July 2015, the Plaintiff entered into a subcontract with the representative director C of a limited liability company B (hereinafter “B”) and the Defendant, setting the amount of KRW 15 million with respect to the filled-up work and a stable construction work of KRW 403 square meters in the area of the Jeju-do Do (hereinafter “instant land”).

However, the Defendant agreed to give the Plaintiff an additional construction work equivalent to KRW 20,151,00, such as enhancing the height of the stable for the construction work to be completed, and to pay the construction cost directly.

Since then, the plaintiff received KRW 15 million from C, but the defendant did not pay KRW 20,151,000, unlike the agreement on additional construction works.

B. Around July 20, 2015, Defendant entered into a contract with B and the instant land construction cost of KRW 10 million, and thereafter, the Defendant entered into a contract with the Defendant by setting the basic construction cost, the water supply and drainage pipe, and the light capacity fence construction cost as KRW 5 million for the instant land.

On July 20, 2015, the Defendant paid the construction cost of KRW 10 million to B, and agreed to set off the remainder of KRW 5 million against B’s liquidated damages related to the new construction of solar power plants.

On the contrary, the defendant did not conclude a contract for additional works with the plaintiff.

2. The issue of the instant case is whether the Defendant entered into a contract for additional works with the Plaintiff.

However, in light of the following circumstances, Gap evidence Nos. 1 through 4 (including paper numbers) and witness Eul's witness's witness's witness's testimony added to the whole purport of the pleadings, it is difficult to believe some of Gap evidence Nos. 4 and witness Eul's testimony, and the remaining evidence submitted by the plaintiff alone is insufficient to recognize that the defendant entered into an additional construction contract with the plaintiff, and there is no other evidence to prove otherwise.

(1) The defendant shall be related to the filling-up and piling-up of the land B and the instant land.