beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 5, 2014, the Plaintiff and the Defendant drafted a written contract with the Defendant that the Plaintiff was awarded a contract for pipinging KRW 50,000,00 from the Defendant for the construction of a new nursery nursery for Jeonnam-gun C (hereinafter referred to as the “new nursery for the instant case”).
(A) Evidence No. 1). (b)
The Plaintiff and the Nambu Construction Co., Ltd. (hereinafter referred to as the “Nambu Construction”) drafted a written contract (hereinafter referred to as the “second contract”) stating that the Plaintiff is awarded a contract for pipeline construction from the Nambu Construction to the price of KRW 50,000,000 among the new construction works in the instant case, and the date of preparation is not specified in the second contract.
(No. 3). (c)
On March 28, 2014, the Defendant and Southern Construction Co., Ltd. drafted a contract with the Defendant to increase the amount of the contract for the construction work in KRW 504,164,065 from KRW 589,89,891,065 to KRW 589,065 (hereinafter “third contract”).
(B) 【No. 1. A’s evidence 1. A’s evidence, No. 1, and No. 3’s evidence (in accordance with the result of appraisal of the appraiser D’s seal impression, the authenticity of the entire document is presumed to be established as a whole since the following stamp image of the Plaintiff’s name is recognized by the Plaintiff’s seal. The Plaintiff’s assertion that the seal is presumed to have been stolen when preparing several contracts with the Defendant’s representative director, but no evidence exists to acknowledge it)’s each entry, and the purport
2. The parties' assertion
A. The Plaintiff’s assertion entered into a contract with the Defendant on February 5, 2014, and concluded a contract with the Plaintiff for construction work in the amount of KRW 50,00,000 for piping works among the new construction works in the instant case, and completed the construction work.
However, since the Plaintiff did not receive only KRW 22,00,000 from the Defendant, the Plaintiff sought the remainder payment of KRW 28,000,000 and damages for delay.
B. On September 2013, the Defendant asserted that the construction contract was concluded with the Southern Construction Project.