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Reasons
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(영문) 서울동부지방법원 2015.06.02 2014가단18972
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On March 18, 2013, the Plaintiff asserted that the construction period was set from the Defendant from March 25, 2013 to May 25, 2013, the construction cost was set at KRW 160 million, and received a contract for remodeling construction works for the building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant construction works”).

The Plaintiff completed the instant construction, and the Defendant did not receive KRW 30 million out of the construction price.

Therefore, the Defendant is obligated to pay the Plaintiff the payment of the construction cost of KRW 30 million and the damages for delay.

B. The Defendant’s assertion directly remitted KRW 33 million to the Plaintiff, and paid KRW 127 million to the Plaintiff via E of the D Real Estate Office.

As such, 30 million won out of the construction cost paid through E was paid to the Plaintiff as the Plaintiff’s employee to F, the site director of the instant construction project.

Therefore, the Defendant cannot respond to the Plaintiff’s claim, as it paid the entire construction cost of this case to the Plaintiff.

2. In full view of the following facts: (a) No. 1, (b) there is no dispute between the parties, or (c) evidence Nos. 1, (d) Nos. 1, 2, and (d) the witness F testimony, and the purport of the entire pleadings, the Plaintiff completed the instant construction work after being awarded a contract by the Defendant; (b) the Defendant directly paid the Plaintiff KRW 3,00,000 to the Plaintiff via E; and (c) the Defendant paid KRW 97,000,000 to the on-site director with the Plaintiff’s consent as the construction cost of this case through E; (d) the Defendant paid KRW 20,000 to the Plaintiff via E; (e) the Defendant paid KRW 1,00,000 to the above F with the Plaintiff’s consent as the construction cost of this case; and (e) the Defendant paid KRW 4.4,483,00,000,000 to the labor cost of the construction cost of this case to the Plaintiff; and (e.

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