(영문) 인천지방법원부천지원 2019.11.13 2018가단10342

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(영문) 인천지방법원부천지원 2019.11.13 2018가단10342

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, on or around September 201, has been awarded a contract with the Defendant for a part of the construction works among Aluminum cowal Corporation (excluding value-added tax) at the price of KRW 88 million (excluding value-added tax), and the fact that the said construction has been completed on or around August 2013 is no dispute between the parties.

2. The summary of the party's assertion is as the cause of the claim in this case. The plaintiff made an additional construction work while executing the above construction work. The plaintiff and the defendant settled the construction work price of KRW 131,00,00 (excluding value added tax) with the defendant as well as KRW 144,10,00 (including value added tax) and KRW 4,784,80,00 (including value added tax) and KRW 148,884,805-1 through 4, respectively, including the construction cost of the above-mentioned settlement with the defendant, and the construction cost of KRW 161,43,797, since the total construction cost claimed by the plaintiff appears to be 161,43,797, it does not affect the conclusion. Thus, the plaintiff's assertion is without merit.

According to each of the statements 110,362,950 won A6-1 through 4, the plaintiff's payment that he received from the defendant does not affect the conclusion of 121,428,80 won. Thus, the plaintiff's assertion is without merit.

In order to seek the payment of the remainder of KRW 38,521,850, the Defendant asserted that there was no fact that the Plaintiff performed the additional construction or the settlement of the construction cost.

3. The evidence of the plaintiff's submission of judgment alone is insufficient to recognize that the plaintiff had made an additional construction work as alleged by the plaintiff, and there is no other evidence to prove it otherwise.

(2) The plaintiff's claim is without merit. (3) The plaintiff's claim is without merit.

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

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