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(영문) 창원지방법원 2016.02.16 2015가단18513

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the construction of a new building for the first-class neighborhood living facility B and C located in Jinhae-si was completed by being awarded a contract with the Defendant for the cost of KRW 78 million and that an additional construction cost of KRW 8 million was required in the process. The Plaintiff asserts against the Defendant that the aforementioned construction cost of KRW 78 million and the above additional construction cost of KRW 86 million, excluding the amount of KRW 56 million, which is the total of KRW 86 million, and the amount of KRW 36 million, excluding the amount of KRW 56 million.

However, as the original evidence No. 1 does not exist, it cannot be used as evidence, and the statement of evidence No. 3 through 6, the testimony of witness D alone is insufficient to recognize that the plaintiff had been awarded the above construction work from the defendant, and there is no other evidence to acknowledge this otherwise.

(A) Even if it is acknowledged that the Plaintiff received a contract for the above construction work from the Defendant, considering the overall purport of the pleadings, the construction work completion date at the latest shall be September 15, 2009, taking into account each of the statements in the evidence Nos. 3 through 6, and it is evident that the lawsuit in this case was filed on September 11, 2015, which was after the expiration of the extinctive prescription period from the lawsuit in this case, and therefore, it is reasonable to deem that the claim for the construction work has already expired). Therefore, the Plaintiff’

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