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(영문) 광주지방법원 2015.03.26 2014가단16826
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff entered into a verbal construction contract with the Defendant, and accordingly the construction was carried out. The Plaintiff sought construction cost of KRW 6.8 million (excluding value-added tax; hereinafter the same shall apply), KRW 23.5 million (excluding value-added tax; hereinafter the same shall apply), KRW 3.5 million (3.7 million), and KRW 357 million (3,570,000) with respect to the project for the model hybrids of the Sin-dong District Housing Association for the Sinsan-dong District Housing Association for the Ilnsan-dong Construction, the Sin-dong District Housing Association for the Sinsan-dong District Housing for the Sinsan-dong District Housing for the construction of the Sinsan-dong District Housing Association, and KRW 1 million (1,00,000) with additional labor cost, and the construction cost is claimed to be paid of KRW 702 million (67,080,000) which was not paid out of the total amount of KRW 702,000).

However, according to the facts alleged by the Plaintiff, there is no dispute between the parties, and according to Gap evidence No. 1, witness Gap's testimony, construction confirmation was obtained from the Defendant after the Plaintiff performed construction work, and dialogue between the Plaintiff and the Defendant on the issue of payment of the Plaintiff's construction cost, it is acknowledged that there is an appropriate fact between the Plaintiff and the Defendant. Meanwhile, according to the overall purport of Gap evidence Nos. 1 through 6, witness's testimony and arguments, the Plaintiff did not separately prepare a contract by supplying remote areas and floor materials with the Defendant at the model housing site that the Defendant performed with the Defendant. The special conditions of the contract for construction work that the Defendant was contracted from the regional housing association for the apartment model housing construction project that is executed by the Young-gu members, and the special conditions of the contract for construction work that the Defendant was contracted from the regional housing association, such as the floor, remote areas, etc., are supplied without compensation to each manufacturer or agency on the condition of supplying the apartment site, and the Defendant was supplied with the construction work from the remote area research.

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