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(영문) 창원지방법원 2017.05.11 2016나4079
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around June 10, 2015, the Plaintiff entered into a contract with the Defendant under which the part of the outer finishing work among the new construction works in Jinju-si is subcontracted by the Defendant (hereinafter “instant contract”), and drafted a written estimate for this.

B. On September 23, 2015, the Plaintiff completed construction under the instant contract, and the Defendant paid KRW 22 million to the Plaintiff as the construction cost specified in the said quotation (including surtax).

【Fact-finding without dispute over the ground for recognition, Gap evidence 3-1, Eul evidence 2-2, the purport of the whole pleadings

2. Upon the Defendant’s request, the Plaintiff spent KRW 4,20,000 while performing additional construction works not included in the said quotation, and apart from this, the Plaintiff sent the seal to the D Construction Site at Jinju-si and disbursed KRW 4,80,000 for personnel expenses. As such, the Defendant is obligated to pay the said construction cost of KRW 4.2 million and personnel expenses to the Plaintiff.

3. We examine the judgment, and the written claim for the balance of construction (Evidence A 1) submitted by the Plaintiff is merely a document that claims the Defendant for construction cost and personnel expenses, etc. calculated according to the Plaintiff’s assertion. The evidence submitted by the Plaintiff, including the written claim for the balance of construction works, including the above written claim for the balance of construction works, is insufficient to recognize that the Plaintiff spent KRW 4.2 million while performing additional construction works not included in the written estimate, and that the Plaintiff paid KRW 4.80,000 as personnel expenses by sending seal to the actual site of Jinju

Therefore, the plaintiff's assertion that the above expenses were paid is without merit.

4. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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