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(영문) 서울중앙지방법원 2016.07.22 2015가단136904
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On December 1, 2014, the Plaintiff asserted that the Defendants were not paid KRW 22,443,560, out of the construction cost stated in the final estimate (Evidence A 2-3), and the Defendants were jointly obligated to pay the Plaintiff the construction cost of KRW 22,443,560 as the construction cost. The Defendants are jointly obligated to pay the Plaintiff the construction cost of KRW 22,443,560 as the construction cost of KRW 22,560 as the construction cost of KRW 38,253,560.

B. Defendant B’s assertion did not have entered into the instant construction contract with the Plaintiff; Defendant C did not have concluded the instant construction contract; Defendant C did not have concluded the roof construction contract; Defendant C gave only the repair work for each unit; but the Plaintiff did not complete the construction work despite having received money exceeding KRW 30 million from Defendant C as the payment for the construction cost. As such, the Plaintiff did not have any obligation to pay the Plaintiff more than the construction cost.

2. Determination

A. First, the Plaintiff’s claim against Defendant B is insufficient to acknowledge that the instant construction contract was concluded between the Plaintiff and Defendant B solely on the basis of the health class and evidence No. 1, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim against Defendant B is without merit without need to further examine.

B. Next, according to the health class, Gap evidence No. 1, as to the claims against defendant C, the defendant C agreed to pay the construction price of KRW 27 million to the plaintiff from December 1, 2014 to December 10, 2014 (the defendant C claimed that additional KRW 3.63 million was paid on December 19, 2014), Gap evidence Nos. 1 to 4, 6, and Eul evidence No. 1, and the video of No. 5 were alone to pay the construction price of KRW 38,253,560 to the plaintiff.

(1) The construction cost of the instant case that the Plaintiff had received from Defendant C is paid.

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