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(영문) 창원지방법원진주지원 2015.12.17 2014가단11013

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 14, 2009, the Defendant completed his/her business registration as “C”, the Defendant was awarded a contract for the construction work of D Construction among D Construction that was ordered by the Changwon Park Office from the Changwon Park Construction Co., Ltd. for the construction cost of KRW 841,90,000 and the construction period from January 15, 2009 to December 31, 2009.

Since then, the construction cost of the above contract was changed to KRW 1,154,300,00, and the construction period was changed to November 30, 2009.

B. On September 24, 2009, the Plaintiff, who completed his/her business registration as “E”, drafted a written estimate for the Greshing construction with the amount of KRW 23,100,000 (the construction cost of KRW 21,00,000, value-added tax of KRW 2,100,000).

After that, the Plaintiff performed the stone construction for outdoor stage walls, etc. (hereinafter “instant construction”) among the aforementioned D installation works, and completed around September 30, 2009.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. In full view of the purport of the entire arguments in Gap evidence Nos. 6, 14, 17, and 19 (including paper numbers) as to the cause of the plaintiff's claim, the following circumstances are recognized.

In light of this, it can be recognized that the Plaintiff completed the construction work of this case by fixing the construction cost of KRW 21,000,000 from the Defendant around September 2009.

Therefore, barring any special circumstance, the Defendant should pay the Plaintiff the construction cost of KRW 21,00,000.

① On March 18, 2010, the Plaintiff submitted a written estimate to the Defendant, at the direction of the Director General of the Headquarters G, to “F” (hereinafter “F”), and partially reduced the price of the stone construction at the request of G. G, upon completion of the stone construction work, G called “F” to claim for the price of the stone construction work. However, F confirmed by F, without having entered into a contract with C, participated in the construction work as an individual qualification, and the stone construction work is deemed irrelevant to H. Therefore, the stone construction should be deemed irrelevant to H. Therefore, C. Therefore, the Plaintiff sent a content-certified mail to the effect that “The payment of the price of the stone construction work is sought.”

② The Plaintiff on January 2010