beta
(영문) 대구지방법원경주지원 2016.06.03 2015가단1416

구상금

Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On May 16, 2014, the Plaintiff entered into a contract with the Defendant for a responsible construction of the field director’s office (hereinafter “instant contract for responsible construction”) with respect to the extension of the Multi-Purpose D High School (hereinafter “instant construction”) located in B and nine parcels of land located outside Chungcheongnam-gun, Ulsan-gun, and the construction cost was KRW 1 billion.

B. The Plaintiff completed the instant construction work around February 2015.

[Judgment of the court below] Facts without dispute, entry of evidence No. 2, and purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is the head of the responsible field office and disbursed various materials and expendable items that the defendant is responsible for the construction of this case, and the defendant did not pay them. Thus, the plaintiff sought payment of KRW 58,758,572 that the plaintiff paid to the defendant.

3. According to the records of evidence Nos. 3 and 4 (including paper numbers), the Plaintiff’s payment of KRW 58,758,572 for the instant construction from July 2014 to January 2015 is recognized. However, as long as there is insufficient evidence to acknowledge that the said expenses are expenses to be borne by the Defendant separate from the construction cost of the instant responsible construction contract, it is difficult to view that the Defendant is liable to pay the said amount to the Plaintiff (In addition, the Defendant asserted that the Plaintiff paid KRW 1,043,901,52 to the Plaintiff with the construction cost under the instant responsible construction contract, but the Plaintiff did not give any specific answer thereto). The Plaintiff’s above assertion is without merit.

4. In conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.