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(영문) 대전지방법원 2018.05.03 2017가단6617

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 7, 2016, the Plaintiff asserted that the Plaintiff entered into a construction contract with the Defendants, who are the owners of each 1/2 share of the land and the building in Pocheon-si C at the Plaintiff’s office (60,2nd level of retirement from the Nam-si, Yangyang-si) (including value-added tax) to accept a subcontract for Dwork at KRW 973,50,000 (including value-added tax).

At the time of the conclusion of the instant construction contract, the Plaintiff participated in the Plaintiff’s painting, and the Plaintiff was the husband of Defendant A and the father of Defendant B, and confirmed that the Defendants were the parties to the instant construction contract and concluded the instant construction contract.

After that, Defendant A and F visited the construction site to order the construction work.

Since the Defendants did not pay the construction cost even after the commencement of the construction project, the Plaintiff notified the termination of the construction project in this case verbally and suspended the construction project. The Defendants are obligated to pay the completed construction cost as the parties to the construction project in

2. The Judgment No. 1 (Standard Contract for Construction Works) is difficult to believe in light of evidence Nos. 1 through 3, evidence No. 5, witness E’s testimony, and witness G’s testimony. Other evidence alone submitted by the Plaintiff alone is insufficient to recognize that the Defendants are the parties to the instant construction contract, and there is no other evidence to acknowledge it otherwise.

Therefore, the Plaintiff’s claim based on the premise that the Defendants are parties to the instant construction contract is groundless.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.