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(영문) 서울동부지방법원 2018.07.26 2017가단18966
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On October 2010, the Plaintiff participated in the tender of Hyundai Construction and performed the construction of Section 2 process piping pipes (hereinafter “instant revised construction”) on the grounds of the occurrence of materials supplied by the Defendant from May 2015, it was not paid construction costs of USD 45,726.97 ($ 51,259,993) (hereinafter “instant revised construction”).

Therefore, the defendant is obligated to pay the above construction cost and damages for delay to the plaintiff.

B. Although the defendant alleged that he supplied materials to Korean power according to a contract with Korean Power, the defendant did not conclude any contract with the plaintiff.

Even though whether the plaintiff can claim construction cost against Hyundai Construction, the contractual relationship between the defendant and the defendant to claim construction cost was not established.

Therefore, the defendant is not obligated to pay the construction cost to the plaintiff.

2. First of all, considering whether the Defendant is the contracting party to the instant revised work, the evidence submitted by the Plaintiff, such as evidence Nos. 1 through 8, is difficult to find that the Defendant concluded a contract with the Plaintiff regarding the instant revised work, and there is no other evidence to acknowledge this otherwise.

In addition, there is no legal ground for the Defendant to directly pay the construction cost claimed by the Plaintiff to the Plaintiff, and there is no assertion or proof as to this.

Therefore, the plaintiff's claim cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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