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(영문) 수원지방법원 2020.08.21 2019나7683
공사대금
Text

The plaintiff's appeal and the claim extended in the trial are all dismissed.

Any extension of the cost of appeal shall accrue.

Reasons

1. As to the cause of claim

A. The gist of the Plaintiff’s assertion was that the Defendant subcontracted the instant construction work from the Defendant and completed the instant construction work. As such, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 7,003,370 (wages, subsidiary materials, food stuffs, etc.) and damages for delay.

B. In full view of the descriptions and videos of the evidence Nos. 1-8 and 2 of the evidence Nos. 1-8 and 2, the following circumstances are acknowledged: (a) the Defendant was awarded a contract from the Gangnam-gu Seoul Metropolitan Government for the construction of a singing pole on May 29, 2018; and (b) the Plaintiff partially implemented a wooden machine construction among the instant singing pole construction.

However, the evidence presented by the Plaintiff alone that the Defendant subcontracted to the Plaintiff the instant broadcast services during the period of the instant broadcast services.

It is insufficient to recognize that the Plaintiff is liable to pay the construction cost directly to the Plaintiff, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's assertion is rejected without further review.

2. The plaintiff's claim for conclusion shall be dismissed as it is without merit, and the judgment of the court of first instance is justified as it is so decided, and all of the claims extended in the plaintiff's appeal and trial shall be dismissed. It is so decided as per Disposition.

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