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(영문) 서울남부지방법원 2015.04.16 2014나2490

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this court’s instructions is as follows, except for the following cases: (a) the third and third parallel parallels 5 to 16 of the judgment of the court of first instance; and (b) the reasoning for the judgment of the court of first instance is the same as that of the judgment of the court of first instance

[Supplementary Use]

B. Determination 1) The contractor seeking payment of remuneration following the completion of the work in a contract for work is the contractor seeking payment of remuneration for the completion of the work. Thus, the contractor seeking payment of remuneration for the completion of the work must assert and present evidence as to the completion or the expiration of the work (see, e.g., Supreme Court Decision 94Da26684, Nov. 22, 1994). In this case, it is examined as to whether the construction work falling under the base value exceeding KRW 64,199,99, which the Defendant paid to the Plaintiff Company was completed in the name of the Plaintiff Company. In light of the following circumstances, it is insufficient to acknowledge the Plaintiff Company’s new evidence or image as to the completion of the work (including number 11,13 through 32) and evidence to acknowledge the Plaintiff Company’s new establishment of evidence Nos. 5 through 11, 13 through 32 under the name of the Plaintiff Company’s witness Nos. 1 and E-1, 31 or 131, respectively.