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(영문) 수원지방법원여주지원 2014.07.17 2013가단16420

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted and determined that the defendant is obliged to pay the plaintiff the remaining construction cost of KRW 28,00,000 (including value-added tax) and damages for delay after deducting the construction cost of KRW 33,000,000 from the construction cost of KRW 33,000 from the construction cost of KRW 33,00,000, after being awarded a contract for each construction work of KRW 680,000 per unit, and for each construction work of KRW 30,000 per unit.

However, as shown in the plaintiff's argument, some of Gap evidence Nos. 5, 6, 7, and 8-1 through 3 cannot be trusted as it is. The remaining evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff completed the above construction work on April 201, because the plaintiff contracted to install 10,000 won per m, and installed 680 won per 10,000 won per m from the defendant, and installed 30,000 won per m, and installed 45 mpombs per 30,000 won per opening, and there is no other evidence to support this. Thus, the plaintiff's assertion is without merit.

(A) Even if a part of the Plaintiff’s claim for construction price against the Defendant exists, the extinctive prescription of the said claim is three years pursuant to Article 163 subparag. 3 of the Civil Act. The Plaintiff’s claim in this case is apparent in the record that the claim in this case was made on Nov. 1, 2013, which was three years after the date of completion of the Plaintiff’s claim, from Apr. 8, 2010 to Jun. 8, 2010, the date of payment of the final construction price of the Plaintiff’s claim, and thus, the said claim in this case had already expired before the instant lawsuit was filed, and thus, the Plaintiff’s claim

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