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(영문) 부산지방법원 2016.09.23 2015나16979

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The plaintiff's assertion that the defendant ordered the plaintiff to subcontract the road boundary fence construction work among the construction work of the Dong-dong Kimhae-ju Factory.

During the process of the construction, the Defendant’s site manager would pay the construction cost to the Plaintiff on May 21, 2015, on the rooftop of the said factory (hereinafter “instant construction”). However, the Plaintiff completed the instant construction work on May 21, 2015, but the Defendant did not pay the construction cost to the Plaintiff.

2. The Plaintiff’s additional construction of the road boundary fence upon the Defendant’s subcontracting of the construction of the road boundary fence was not in dispute between the parties, or acknowledged by the purport of each of the entries or the entire pleadings in the evidence No. 7, No. 9-1, and No. 2.

However, only the evidence submitted by the Plaintiff was agreed upon between the Plaintiff and the Defendant as asserted by the Plaintiff.

It is insufficient to recognize that the actual cost of the instant construction exceeds 300,000 won recognized by the Defendant, and there is no other evidence to acknowledge it.

(3) The plaintiff's appeal is dismissed on the ground that the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed on the ground that it is justified in the judgment of the court of first instance. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices.