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(영문) 수원지방법원 2016.12.08 2016가단9120

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

As the cause of the instant claim, the Plaintiff was awarded a contract from Suwon City for the “C District Maintenance Works”, and the Defendant B was awarded a subcontract for the said construction from the Defendant’s genetic construction (hereinafter “instant construction”). The Plaintiff, around September 2015, performed the instant construction by re-subcontracting the instant construction work from Defendant B and completed the said construction work on or around October 2015. The Defendants, as of October 31, 2015, did not pay KRW 26,342,100, which is equivalent to the profits of the construction cost and profits of the Plaintiff as of October 31, 2015, did not pay KRW 114,693,100, but did not pay KRW 26,342,100 corresponding to the said profits. Accordingly, the Plaintiff asserted that the Defendants jointly and severally seek payment of the said money.

First of all, according to the statements of Gap evidence 1 and 2 and witness D's testimony, the fact that the plaintiff performed the construction of this case is recognized as having carried out the iron bars that he works with himself.

However, the above evidence alone received a subcontract for the instant construction from Defendant B’s U.S. Construction

The Plaintiff’s assertion that the instant construction was re-subcontracted by Defendant B is insufficient, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion on a different premise is without merit.

Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.