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(영문) 대구지방법원 2021.02.09 2020나323047

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. On January 16, 2018, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant to pay KRW 35,300,000 for the repair work for the building in Seo-gu, Daegu (hereinafter “instant building”) owned by the Defendant (hereinafter “instant building”).

Although the Plaintiff completed the repair work of the instant building on April 15, 2018, the Defendant paid only KRW 20,000,000 among the construction cost, and did not pay the remainder KRW 15,300,000 to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 15,300,000 and damages for delay from April 15, 2018, which is the date the construction work is completed to the date of full payment.

2. However, there is no dispute between the parties as to the fact that the Plaintiff had undertaken the repair work on the instant building.

However, the evidence, including evidence No. 2, presented by the Plaintiff alone, was insufficient to recognize that the contract was concluded between the Plaintiff and the Defendant for the construction cost of the instant building at KRW 35,300,000, or that the Plaintiff performed the construction work equivalent to the above amount of the instant building, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the court of first instance is justified with its conclusion. Thus, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.