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(영문) 서울중앙지방법원 2017.07.13 2016나73803

공사대금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim on the revocation is dismissed.

2...

Reasons

1. Summary of the parties' assertion

A. The Plaintiff filed a claim against the Defendant for the payment of KRW 700,000 for the said construction cost and damages for delay, alleging that the Defendant paid KRW 400,000 out of the total construction cost of KRW 1,100,000, and that the Defendant paid KRW 700,000 for the remainder of KRW 1,10,000,000, which is the remainder of the said construction cost, on December 31, 2012 to January 17, 2013.

B. As to this, the Defendant did not conclude a contract for construction work with the Plaintiff, set the Plaintiff’s daily allowance at KRW 50,000, and had the Defendant work for seven days at the Defendant’s construction site. The Defendant asserted that the Plaintiff paid the Plaintiff totaling KRW 400,000,000 per day and KRW 350,000 per seven days’ daily bathing and bathing, and transportation expenses to the Plaintiff.

2. The Plaintiff and the Defendant entered into a subcontract with a construction cost of KRW 1,100,000 solely on the basis of the evidence submitted by the Plaintiff.

It is insufficient to recognize that an employment contract with a daily wage of KRW 100,000 has been concluded, and there is no other evidence to acknowledge the Plaintiff’s assertion.

3. As such, the plaintiff's claim of this case is dismissed as it is without merit. Since the part against the defendant among the judgment of the court of first instance is unfair in conclusion, it is revoked, and the plaintiff's claim as to the revocation portion is dismissed. It is so decided as per Disposition.