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(영문) 창원지방법원 2015.08.11 2015가단6343

임가공비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 2014, the Plaintiff asserted that the Defendant, who is engaged in the business of designing, manufacturing, and processing shipbuilding machinery and equipment, was awarded a contract for the painting work for the shipbuilding machinery and equipment (hereinafter “instant painting work”) and did not receive KRW 31,619,170 for the remainder of the construction work even after completion of the contract, and sought a payment of the amount equivalent to that amount against the Defendant.

The defendant asserts that there was no transaction with the plaintiff.

2. Therefore, it is not sufficient to acknowledge that the Plaintiff received a contract for the instant painting work from the Defendant solely on the basis of health records and evidence Nos. 2 and 5, and there is no other evidence to acknowledge it otherwise. Rather, in full view of the purport of the entire pleadings, the Defendant’s production work for “3623, 3624 Mubs and studio-type 1” to the leapsan Co., Ltd. around September 11, 2014, based on the following: (a) evidence Nos. 1 and 1 through 9, and there is no other evidence to acknowledge it.

B. The contract price of KRW 51.6 million is the contract price of KRW 5.1 million; the payment of the full amount of the construction cost was made between October 31, 2014 and February 5, 2015 to the Busan District Co., Ltd.; and the fact that the Busan District Co., Ltd. contracted the instant construction work from the Defendant and subcontracted the instant painting construction work to the Plaintiff; and only is recognized that the Plaintiff partially paid the instant painting construction cost to the Plaintiff.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.