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(영문) 광주지방법원 2017.12.21 2016가단523953
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 26, 2013, the Defendant ordered the Plaintiff, who uses the trade name “C” in October 2014, to pay for KRW 160,00,000 of the above construction work, after receiving a subcontract for the 881,912,372 of the re-building work contracted by the said company B from B reconstruction Association, among the re-building work contracted by B. The following was included in the contract made at the time:

4. The same application to the settlement of quantities between the plaintiff and the defendant when settling the original building and the quantity;

B. From December 30, 2014 to September 25, 2015, the Defendant paid a total of KRW 125,000 to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap 1-1 to 2-2, 4, 2, and 2, the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff asserts that even though the coal construction work agreed with the defendant was completed, the remaining 35,000,000 won was paid and value-added tax was not paid.

However, there is no evidence to prove that the plaintiff completed the contracted construction with the defendant, so the plaintiff's above assertion is without merit.

B. The Plaintiff also asserts that the additional construction was awarded a contract with the Defendant for KRW 42,83,600.

However, since the evidence presented by the plaintiff alone is insufficient to prove the above assertion, the plaintiff's above assertion is not justified.

3. According to the conclusion, the plaintiff's claim of this case is without merit.

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