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(영문) 부산지방법원 2019.07.25 2018가단22424
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. On April 15, 2018, the Plaintiff asserted that the construction of the steel structure on the ground of Pyeongtaek-si was contracted by the Defendant (hereinafter “instant construction”) and completed the construction of the Ddong, Edong, Fdong, and accommodation by August 8, 2018, and the Defendant paid the F consent construction cost of KRW 50.6 million from the Defendant, but the Plaintiff paid the remainder of Ddong, Edong, and accommodation construction cost of KRW 86 million from the rest of Ddong, Edong, and accommodation construction cost of KRW 156 million, and claimed for payment of the remainder construction cost of KRW 76 million and delay damages.

B. On July 26, 2018, the Plaintiff and the Defendant drafted a construction contract as shown in the attached Form (hereinafter “instant construction contract”). The Plaintiff revised “ July 27, 2018” as “the date of commencing the construction period of the instant construction contract” to “ July 27, 2018.” The Plaintiff changed the term “the date of commencing the construction period of the instant construction contract” to “the date of April 27, 2018; the Defendant KRW 88 million on April 19, 2018; and the same year to the Plaintiff.

5.14.22 million won, per year;

5. A total of KRW 50,66 million, including KRW 19,80,000,000, and the Plaintiff received KRW 80,000,000,000,000 from the original G on June 27, 2018, including KRW 20,000,000 from the original G, and KRW 60,000,000,00 from June 29, 2018 may be recognized by comprehensively taking account of the parties’ respective entries in subparagraph 1, B, and evidence Nos. 1 through 3, and 5 (including additional numbers), and the purport of the entire pleadings.

As asserted by the Plaintiff, not the construction work between July 27, 2018 and July 31, 2018, the construction period stipulated in the instant construction contract between the Plaintiff and the Defendant, i.e., the following circumstances acknowledged by comprehensively considering the overall purport of arguments as to whether the instant construction contract was concluded, i.e., the Plaintiff concluded a construction contract between H and H, and the Defendant paid part of the construction price to the Plaintiff at the request of H, and payment of the contract amount or the price of the instant construction contract.

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