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(영문) 서울남부지방법원 2017.10.17 2016가단258876
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On May 2013, the Plaintiff contracted with the Defendant for the instant construction of machinery and equipment, such as heating, pipes, etc. (hereinafter “instant construction”) in the course of the public notice board construction located on the 3 and 4th floor of the Seoul Jung-gu C Ground Building (hereinafter “instant construction”) at KRW 78,726,00, and completed the instant construction by November 30, 2013.

B. The Plaintiff received KRW 23 million among the above construction cost, and did not receive the remainder of KRW 5,726,000.

C. Therefore, the Defendant is liable to pay the Plaintiff the construction cost of KRW 55,726,00,000 and the damages for delay.

2. According to the judgment evidence Nos. 2, 2, and 12, the plaintiff can be found to have performed the construction work of this case.

However, the evidence Nos. 1 through 3 alone is insufficient to recognize that the Plaintiff was directly awarded a contract for the instant construction work from the Defendant, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 5 and 11, the Defendant awarded a contract to D for the construction work of the above public notice board including the instant construction work, and it can be acknowledged that D paid all the construction work cost from around May 2013 to October 25, 2013. Thus, it is difficult to deem that the Plaintiff received a subcontract from D even though it was directly awarded a contract for the instant construction work.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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