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(영문) 인천지방법원 2017.01.17 2016가단21727

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts to the effect that even though the Defendant agreed to increase the construction price to KRW 93,869,60 ( KRW 85,36,00, KRW 833,60 (value-added Tax) with respect to tin work at the Songpa field, the Defendant paid only part of them, and thus, the Defendant should pay the remainder construction price of KRW 18,498,71 and delay damages.

According to each of the statements in Gap evidence Nos. 2, Gap evidence No. 4-1 through 5, 2014, there is a quotation in the amount of KRW 85,336,00 (excluding value-added tax) with respect to the construction price of tin in the transmission site on July 24, 2014, and the total amount of KRW 90,20,000 issued electronic tax invoices can be acknowledged. However, the above facts alone are insufficient to recognize that the plaintiff and the defendant agreed to increase the construction cost of tin in the transmission site into KRW 85,336,00 (excluding value-added tax) for which the plaintiff claims the construction cost of tin in the transmission site, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's claim of this case based on this premise is without merit without examining the remaining points.

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