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(영문) 수원지방법원안양지원 2015.12.18 2014가단9364
공사대금
Text

1. The defendant shall pay 40 million won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

On November 20, 2012, the Plaintiff was sub-subcontracted by the Defendant from the Defendant on the grounds that Hyundai Ganxex Factory Expansion Corporation (hereinafter “instant construction”) was located on the land, Hyundai Ganx Co., Ltd. (hereinafter “instant construction”). At the time, the construction cost was determined as KRW 139,70,000 (including value-added tax); the Plaintiff completed the instant construction; the Defendant paid KRW 40,000,000 out of the construction cost; and there is no dispute between the parties.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 40,000,000, which is unpaid.

However, there is no evidence to acknowledge the plaintiff's assertion regarding the construction cost exceeding KRW 40,000,000. Therefore, the plaintiff's claim for this part is without merit.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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