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(영문) 서울남부지방법원 2017.11.28 2016가단231000

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

As a cause of claim, the Plaintiff asserts that, on July 15, 2015, the Plaintiff was obligated to pay the Plaintiff the construction cost of KRW 70,207,516 and the delay damages therefrom, as the Plaintiff received a subcontract from the Defendant to September 2015, and implemented from April 2016, and did not receive KRW 70,207,516 out of the construction cost.

In this regard, the defendant asserts that the plaintiff did not have subcontracted the plaintiff's assertion to the plaintiff.

Therefore, it is not sufficient to recognize the fact that the Plaintiff received a subcontract for the check of the Plaintiff’s assertion from the Defendant, only the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it.

Rather, in full view of the purport of the entire pleadings in the witness C’s testimony, D, which the Plaintiff designated as the Defendant on July 15, 2015, as the one who ordered the Plaintiff to subcontract the field work, was a person in charge of the construction work for the head of the defendant company that should be employed in around March 2016, and the Plaintiff was called the head of the field office of the field work at the time of the Plaintiff’s assertion, but it is only recognized that there was no fact that the Plaintiff received a subcontract for the field work at the time of the Plaintiff’s assertion, and

The plaintiff's claim is dismissed on the ground that it is without merit.