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(영문) 광주지방법원 2015.01.16 2014나8116
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On November 2010, the Plaintiff’s summary of the Plaintiff’s assertion is obligated to pay the Plaintiff the unpaid construction cost of KRW 9,354,00 and the delay damages therefrom, as the Plaintiff was subcontracted to the Defendant with a outer retaining wall construction work related to civil construction work for the YYFFFFFFFF project (hereinafter “instant construction work”). As such, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 9,354,00 and the delay damages.

B. The gist of the Defendant’s assertion is that the construction works for the project for the project for the project for the project for the project for the project for the project for the project for the project for the environmentally friendly fireworks of the YIF, including the instant construction works, were subcontracted to the Gangwon-do Construction Co., Ltd. (hereinafter “Ghoto”), and the construction contract was

2. Determination as to the cause of action

A. It is insufficient to acknowledge the fact that the instant construction contract was concluded between the Plaintiff and the Defendant solely with the descriptions and videos of Gap evidence Nos. 1 through 13 (including each number), and there is no other evidence to acknowledge it.

B. Rather, according to the statements in Eul evidence Nos. 2 through 6 (including the number of each branch number), (1) on October 26, 2010, 10, 201, the defendant agreed to the defendant for the construction work related to the "Yancheon Friendly Cro-Friendly Cropic Fosterage Project" to KRW 427,900,000, and on May 26, 201, the defendant increased the construction cost to KRW 492,90,000, and ② on November 10, 2010, the defendant subcontracted the construction work of reinforced concrete to KRW 17,380,00,000 among the above construction work, and ③ the defendant paid the plaintiff and the defendant's labor contractor for labor relations with the plaintiff on Nov. 25, 2010, 200, 200, 300,000,000 local constructor for labor relations with the plaintiff on Nov. 29, 2010

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