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(영문) 수원지방법원 성남지원 2021.01.12 2020가단6251
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The summary of the Plaintiff’s assertion: (a) around January 29, 2015, the Defendant contracted the Plaintiff to provide Jeju hotel title and hold house; and (b) the Defendant, while performing the said construction on or around March 30, 2015, contracted the instant construction work to the Plaintiff again on or around March 30, 2015; and (c) even after completing the said construction work on or around April 30, 2015, the Defendant did not pay KRW 139,025,80 of the said construction cost to the Plaintiff.

2. The following facts or circumstances acknowledged in Gap evidence Nos. 2 through 5, 7, 8, and Eul evidence Nos. 1 through 3 include the whole purport of the pleadings, namely, the defendant contracted the construction of this case to Eul Co., Ltd. (hereinafter "D"), which is, the defendant sub-subcontracted the construction of this case to Eul, and subcontracted the construction of this case to the plaintiff, while Eul sub-subcontracted it to Eul, Eul was awarded the construction of this case due to the defective construction work, and Eul received the construction payment from Eul after the completion of the construction of this case. ② Accordingly, the plaintiff completed the construction of this case, and Eul completed the issuance of a promissory note fair order for the payment of the remainder of the construction payment, and the plaintiff collected part of the claim from D with the court under the seizure and collection order against the defendant, and ③ the defendant already contracted the construction of this case to D and paid the construction payment through settlement agreement, and there was no reason or motive to re-contract the construction of this case to the plaintiff without termination of the contract with D, etc.

In light of the fact that the Plaintiff and the Defendant did not prepare a disposition document, such as the contract for the contract of the instant construction project, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant contracted the instant construction project to the Plaintiff, and there is no other evidence to acknowledge it [the claim against the Corporation in the contract for the construction project is three years (Article 163 subparag. 3 of the Civil Act), and the Plaintiff has no other evidence to acknowledge it.

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