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(영문) 수원지방법원 안양지원 2017.02.08 2016가단110022

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 October 30, 2015, the Plaintiff asserted that he/she was awarded a contract from the Defendant for the renovation and repair of the housing located in Ansan-gu C (hereinafter “instant housing”) from the Defendant, and completed the construction work on December 30, 2015.

Therefore, the Defendant should pay the remainder of the construction cost to the Plaintiff KRW 34,075,00.

B. In relation to the construction of the instant housing claimed by the Defendant, the Defendant entered into a contract with D (mutual name: E) around August 2015 by setting the construction cost of KRW 80 million, and the Defendant was awarded a subcontract for the portion of the outer construction work from D.

Therefore, the plaintiff has no reason to pay the construction cost to the defendant who is not the contracting party.

2. Determination is recognized that the Plaintiff performed the external and internal renovation and repair works of the instant housing from November to December, 2015, and that the Defendant paid KRW 5 million to the Plaintiff on November 10, 2015 (the fact that there is no dispute, witness D’s testimony). However, the fact of recognition alone is insufficient to recognize that the Plaintiff and the Defendant concluded the construction contract, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the description of evidence Nos. 1 and 3 and the purport of the entire argument as to witness D’s testimony, the fact that the Plaintiff entered into a contract for construction works with D on or around August 2015 for the whole construction works of the housing of this case, and that the Defendant’s construction works are included in the said contract, and that the Defendant had done construction works according to D’s instructions.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed.