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(영문) 부산지방법원 2016.11.24 2016가단319421
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 15, 2014, the Plaintiff was awarded a contract for D Construction Work from C (hereinafter “instant Construction Work”) by setting the construction amount of KRW 110 million and the construction period from October 15, 2014 to November 25, 2014.

B. The Plaintiff completed the instant construction, but C did not pay the remainder of the construction cost and the additional construction cost in total of KRW 38,378,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. As the Defendant, a director of the company C, who contracted the instant construction project, is jointly and severally liable to pay the balance of the instant construction cost and the additional construction cost, the Defendant is obligated to pay the remainder of the construction cost and the additional construction cost to the Plaintiff. However, it is insufficient to recognize that the Defendant was jointly and severally liable to pay the said construction cost separately from the Plaintiff Company C, and there is no other evidence to acknowledge otherwise.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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