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(영문) 수원지방법원안양지원 2017.09.14 2017가단103861
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts - The defendant, as the owner of the building of the office-ground officetel C in Militaryposi, awarded a contract for the construction of the office-type officetel to the name light construction corporation.

On December 1, 2012, the Plaintiff was supplied with sewage in KRW 223 million with windows and miscellaneous steel works (hereinafter “instant construction works”) among the construction works of the instant officetels from the lusium Construction Co., Ltd.

[Reasons for Recognition] Unsatisfy, Gap evidence 1

2. Determination as to the cause of action

A. On December 1, 2013, the Plaintiff asserted that the Plaintiff would immediately pay the construction cost of the instant case to the firstman or pay in lieu of one office book to the Plaintiff. On February 1, 2014, the Defendant drafted an agreement on the transfer of the sales contract of the instant officetel 207 due to the payment in lieu of the construction cost (Evidence 6) and the sales contract of the said officetel (Evidence 7).

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 128 million and the delay damages therefrom, among the construction cost of this case.

B. As to the fact that the Defendant agreed to pay the instant construction cost or to pay in lieu of an officetel 1, the evidence Nos. 6 and 7, which appears to correspond thereto, cannot be used as evidence because there is no evidence to acknowledge the establishment of the authenticity, and there is no other evidence to acknowledge the said assertion.

Therefore, we cannot accept the plaintiff's assertion.

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

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