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(영문) 서울중앙지방법원 2015.08.12 2014가합34756
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, from March 15, 2012 to May 15, 2012, performed the construction work of installing health rooms on the sixth floor of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) leased by the Defendant (hereinafter “instant construction”). The Defendant does not dispute between the parties as to a company with the purpose of golf business consulting and business delegated by the Global Professional Golf Association.

2. The Plaintiff agreed with the Defendant to receive settlement of the cost of the instant construction project at actual cost, and the Defendant is obligated to pay the Plaintiff KRW 108,265,00, which is the actual cost of the instant construction project, and the delay damages therefrom.

The defendant, at the time, planned to implement chain projects against members of the World Professional Golf Association with 4,000 members in Korea while building a golf range in the building of this case as the head of the District Education Office of the World Professional Golf Association. However, the defendant argued that the construction of this case was performed without compensation by proposing that the plaintiff would be able to take exclusive advantage of the facility construction works conducted by the World Professional Golf Association in the future, and that the construction of this case was conducted without compensation.

3. Therefore, as alleged by the Plaintiff, as to whether the Plaintiff agreed with the Defendant to receive reimbursement of actual expenses incurred in the instant construction work as alleged by the Plaintiff, the Plaintiff’s assertion stated in No. 1 is that the instant construction work is a considerable amount of construction work exceeding KRW 100 million. The Plaintiff did not prepare any documents proving the payment of construction cost, such as a construction contract, or the terms and conditions of the contract, while entering into such construction contract, and the settlement or settlement of the construction cost to the Defendant for up to two years from the date of the instant lawsuit after the completion of the instant construction work.

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