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(영문) 창원지방법원진주지원 2013.09.11 2013가합228
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On July 5, 2011, the Plaintiff concluded a contract with the Defendant for the Construction Work of Factories A and B (hereinafter “instant Construction Work”) at Kimhae-si, Kimhae-si, with the construction cost of KRW 1.265 million (including additional tax) and completed the construction work on November 16, 201. As such, the Plaintiff received only KRW 1.86.5 million as the construction cost from the Defendant, and the Defendant is obliged to pay the remainder of the construction cost of KRW 1.788,50,000 and damages for delay.

In light of the records in Gap evidence No. 1, the plaintiff and the defendant, although the contract price of KRW 1.265 million for the construction work of this case is acknowledged, the plaintiff and the defendant shall be paid KRW 1.265 million for the construction work of this case. On May 30, 201, Eul borrowed the plaintiff's name and received KRW 715 million for the construction work of this case from the defendant (including additional tax) around May 30, 201. Since the defendant, the owner of the construction of this case, bears KRW 30 million for the loan of the construction work of this case, the contract price of this case shall be paid KRW 1.265 million for the loan of KRW 1.65 million for the above construction work of this case, the defendant shall be paid KRW 75 million for all of the construction price of this case to the bank of this case, and the defendant shall be paid KRW 500 million for all of the construction price of this case to the plaintiff.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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