logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2015.10.13 2015가단2771
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. The Plaintiff’s assertion 1) The Plaintiff asserted from the Defendant on October 1, 2007, among the extension works for B around October 1, 2007, the steel frame, the board, the windows, and the glass Corporation (hereinafter “instant construction”).

(2) Although the Defendant completed the contract, but did not pay KRW 62,00,000 among the agreed construction cost, the Defendant is obligated to pay the said additional construction cost to the Plaintiff. (2) In addition, the Plaintiff was awarded a contract for the said additional construction work (hereinafter “instant additional construction”) from the Defendant on or around March 9, 2011, and completed the contract, but the Defendant did not pay KRW 8,40,000,000, which was agreed upon by the Defendant. As such, the Defendant is obligated to pay the said additional construction cost to the Plaintiff.

B. The defendant's assertion that the construction cost of this case was paid to the plaintiff 283,545,500 won, and there was no unpaid construction cost, and there was no fact that the construction contract was concluded with the plaintiff with respect to the additional construction of this case.

Even if the Defendant is liable for the construction cost to the Plaintiff according to the instant construction and the instant additional construction, as alleged by the Plaintiff, the extinctive prescription has expired, and the said obligation has expired in entirety.

2. First of all, we examine the completion of extinctive prescription, which is a key issue in the instant lawsuit.

Even if the Defendant is liable to pay the instant construction cost or additional construction cost to the Plaintiff, the instant construction work was completed on January 8, 2008, and the Defendant’s last payment of KRW 40,000,000 to the Plaintiff on May 14, 2008 is not a dispute between the parties. Thus, it is apparent that three years have elapsed since the above point of time until February 23, 2015 when the Plaintiff filed the instant lawsuit.

In addition, three years have passed since March 201, 201, which was the time of completion of the instant additional construction due to the Plaintiff’s assertion, to the filing of the instant lawsuit, also passed.

arrow