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(영문) 창원지방법원 진주지원 2018.07.10 2017가단36310
노무비 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On July 2016, the Plaintiff asserted that the Defendant: (a) was awarded a contract for the construction of the 2nd floor house located in Sacheon-si D; and (b) requested the Plaintiff to take charge of the construction of the pelvis in relation to the pelvis construction during the said construction.

The Defendant concluded a contract for construction (hereinafter “instant contract for construction”) with the purport that the Plaintiff shall provide materials and equipment necessary for the construction of fachising and pay personnel expenses to the Plaintiff and the Plaintiff for work together with the Plaintiff.

Since the Plaintiff completed the construction of a food house under the above construction contract, the Defendant paid the Plaintiff KRW 40,743,00 in total, and KRW 40,433,00 in total, including personnel expenses of KRW 36,890,00, and KRW 2,743,00 in incidental expenses, and KRW 800,00 in incidental expenses, but did not pay the remainder of KRW 30,43,00 in total.

B. It is insufficient to find that the Plaintiff entered into the instant construction contract with the Defendant solely on the basis of the written evidence of Nos. 1, 3, and 5, and testimony of witness E, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit without further review.

2. 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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