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(영문) 전주지방법원 정읍지원 2018.04.10 2017가단3077
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 December 1, 2011, the Plaintiff entered into a contract with the Defendant to set the construction cost of KRW 950,000,000 with the Defendant, through the head of the Defendant’s site office on B Corporation in force by the Defendant. Accordingly, even if the Plaintiff completed the said construction work on September 15, 2014, the Defendant paid only KRW 895,00,000 to the Plaintiff as the said construction cost.

Therefore, the defendant is obliged to pay the remainder of the construction cost of KRW 55,000,000 and damages for delay to the plaintiff.

Judgment

As to whether a contract has been concluded between the Plaintiff and the Defendant as alleged by the Plaintiff on December 1, 201, in light of the following circumstances: (a) the Plaintiff submitted a written estimate stating the construction amount of KRW 950,00,000 to the Defendant; (b) the Plaintiff sent to the Defendant on October 11, 2013; and (c) there is no sufficient evidence to deem that the Defendant’s on-site warden had the authority to conclude a contract with the same content as the Plaintiff alleged by the Plaintiff. In light of the following circumstances, it is insufficient to acknowledge that each description of evidence No. 3 through No. 13 alone is sufficient to conclude that the contract has been concluded between the Plaintiff and the Defendant on the ground that the said written estimate was not concluded.

Therefore, the plaintiff's assertion is without merit.

The plaintiff's claim of this case is dismissed.

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