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(영문) 부산지방법원 2018.06.19 2017가단28777
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On June 23, 2017, the Plaintiff asserted that it was contracted by the Defendant to the construction period from July 1, 2017 to October 20 of the same year with the construction cost of KRW 117,850,000, from July 1, 2017 to October 20 of the same year.

After that, the Plaintiff received the construction cost of KRW 55,00,000 from the Defendant, and demanded the Defendant to pay an additional amount for the progress of construction work in accordance with the payment details under the construction contract, the Defendant unilaterally reversed the construction contract of this case.

Thus, the defendant should pay the remainder of the construction cost to the plaintiff on the responsibility of unilateral destruction of the construction contract.

B. The defendant's assertion did not directly conclude a contract between the plaintiff and the defendant.

The Defendant remitted the construction cost of KRW 61,00,000 to E who entered into the instant construction contract, and the construction was suspended due to the Plaintiff’s failure to pay various labor cost, steel bars cost, and other expenses, which were paid KRW 55,00,000 from E as the subcontractor.

Accordingly, E, the contractor of the construction contract, is merely the excluding the plaintiff from the subcontractor.

Furthermore, the early height that was continued until the discontinuance of construction works is merely 15% of the total.

2. While the Plaintiff filed the instant lawsuit and presented only a construction contract (Evidence A1) as evidence consistent with the Plaintiff’s assertion, the above evidence alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge the Plaintiff’s assertion.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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