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(영문) 대전지방법원서산지원 2015.07.16 2014가합2000975
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On April 20, 2013, the Plaintiff entered into a second construction contract with the Defendants’ agent agreement, stating that construction cost shall be KRW 150,000,000,000 for the installation of a parking lot on the Defendants’ land; and on May 17, 2013, the Plaintiff entered into a second construction contract with the Plaintiff’s agent, stating that additional construction cost necessary for the construction of the said parking lot is KRW 250,000,000,000 for the construction cost.

However, since the second contract for construction work is a tax problem, the amount of the construction work is higher than the actual amount and the total amount of KRW 440 million is written.

On September 2013, the Plaintiff completed the above parking lot facility construction and additional construction. However, the Defendants did not pay the Plaintiff KRW 250 million for the second construction cost with only KRW 150 million for the first construction cost.

Therefore, the Defendants are obligated to pay to each Plaintiff the amount of the secondary construction cost of KRW 250 million and the damages for delay.

B. The Defendants merely concluded a parking lot facility construction contract with the Plaintiff in the amount of KRW 150 million, and there is no additional construction contract in the amount of KRW 250 million for the construction cost as asserted by the Plaintiff, and D is not a representative of the Defendants.

2. As to whether the Plaintiff and the Defendants entered into a contract for additional construction work costs of KRW 250,000,000 with the Defendants, it is difficult to believe in light of the following circumstances, and each description of Gap evidence Nos. 13-1, which corresponds thereto, is insufficient to recognize it by itself, and there is no other evidence to acknowledge it.

Rather, the following circumstances can be acknowledged by comprehensively taking into account the respective descriptions of the evidence Nos. 8, 11, 12, 15, and 16 (including each number), namely, ① the representative director E of the Plaintiff, around July 2014, “the Defendants” as the construction cost of the parking lot work is KRW 0 million in fact, and KRW 00 million in fact.

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