beta
(영문) 인천지방법원 2017.01.11 2016가단41516

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 the introduction of the Plaintiff around early 2016, the Plaintiff asserted that the Defendant is obligated to pay the remainder of the construction cost stated in the purport of the claim to the Plaintiff, on the ground that: (a) the Plaintiff was awarded a contract with the Defendant for the structural construction among the construction works for constructing a neighborhood living facility in Gyeonggi-do D, Gyeonggi-do and E large scale 35 square meters (hereinafter “instant construction works”); and (b) the instant construction works were carried out in total of KRW 119,60,000 from May 28, 2016 to July 26, 2016.

B. On May 30, 2016, the Defendant asserted that the instant construction work was fully repaid to C on the contract basis of KRW 82,800,000 (excluding value-added tax), and that the Plaintiff is only the head of the site office of the instant construction.

2. In full view of the overall purport of the pleadings in the testimony of the witness F, the Defendant awarded a contract for the instant construction work to C on May 30, 2016, with KRW 82,800,00 (value-added tax separate) as shown in the attached sheet from May 27, 2016 to August 5, 2016, and C received KRW 80,834,060 as the construction cost of the instant case, and C received KRW 87,80,000 as the construction cost of the instant case from the Plaintiff. The fact that the Plaintiff, who was not the Defendant, was the head of Seoul Headquarters, and the Plaintiff was the head of Seoul Headquarters, who was paid KRW 15,00,00,00 from G on May 28, 2016, and the fact that the Plaintiff was the Plaintiff’s manager at the construction site and the Plaintiff was the Plaintiff’s manager at the construction site.

3. As seen in the above facts of recognition, in full view of the amount of money paid by the Defendant to C, the name of the Plaintiff and C, the scale of the instant construction, the field information board, and the construction cost claimed by the Plaintiff was total of KRW 119,60,00,00, the parties to the instant construction are the Defendant and C or H corporation, and thus, the parties to the instant construction are deemed to be the Defendant and C or H corporation.