beta
(영문) 대전지방법원 2018.12.13 2017가단9968

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Defendant supplied sewage to the facilities for the drainage of the Chungcheongnam-gun budget-gun (hereinafter “instant facilities”) and completed the construction work.

The defendant shall settle the construction price by settling the balance under the pretext of reservation each month with the settlement of the construction price per month according to the rate of the fixed-term work price. The defendant shall be liable to pay the plaintiff the remaining construction price of KRW 44,110,000 and the delay damages.

B. Determination: (a) there is no evidence to prove the authenticity of the evidence Nos. 1 (Incidation of drainage facilities) and the evidence Nos. 6 (Fact-finding Certificate); (b) there is no other evidence to prove it; and (c) there is no other evidence to prove it; and (d) other evidence submitted by the Plaintiff alone, the settlement of construction price was made in the way that the Plaintiff and the Defendant left the reserve payment; and (e) there is insufficient evidence to acknowledge the fact that the remaining construction price

According to the purport of the entire pleadings in each statement in Eul evidence Nos. 4 through 18 (including virtual numbers), the Plaintiff installed equipment at the construction site from April 2015 to February 2016 and issued a tax invoice of KRW 368,713,275 in total from April 30, 2015 to March 26, 2016, and the Defendant paid to the Plaintiff KRW 371,763,275 (including value-added tax) in total from June 1, 2015 to September 13, 2016). Accordingly, the Plaintiff’s above assertion is without merit.

2. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.