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(영문) 대구지방법원 2018.08.10 2017가단121813
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

On October 2016, the Plaintiff concluded a contract with the Defendant for metal, glass, and Changho Construction (hereinafter “instant construction”) among the new construction works of multi-family houses B in the East Sea, and completed the instant construction work. The Plaintiff did not receive KRW 30,62,000 for the instant construction work cost from the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 30,622,00 and delay damages for the construction work of this case.

Judgment

In full view of the purport of the entire pleadings in each entry in the evidence No. 2 (including a provisional number) that does not conflict between the parties, or that the Defendant completed the registration of preservation of ownership on the fourth-story building located on the ground No. 233.7 square meters in the Dong-si, Dong-si, B, 2017.

However, in light of the following circumstances, i.e., evidence Nos. 1 and 4 (written claim) that can be acknowledged by comprehensively taking into account the purport of the entire pleadings as seen earlier, i.e., the Plaintiff’s signature and seal, and other disposition documents confirming that the Plaintiff entered into the contract for the instant construction project between the Plaintiff and the Defendant were not submitted, and ii) no evidence exists verifying that the Plaintiff received the construction cost of the instant case from the Defendant or claimed payment from the Defendant, the above recognized facts and the evidence submitted by the Plaintiff are insufficient to acknowledge that the Plaintiff received the contract for the instant construction project from the Defendant, and there is no

Therefore, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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