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(영문) 의정부지방법원 2015.06.24 2013가단163270
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From August 10, 2013 to September 17, 2013, the Plaintiff mobilized the figures from the building C newly built by the Defendant located in Gyeyang-gu, Gyeonggi-gu, to perform the construction of the aesthetic, lighting, waterproofing, etc., and the Defendant agreed to pay the figures’ wages at that time.

B. The Plaintiff received payment of KRW 17,00,000,000 from the Defendant on August 26, 2013, and KRW 17,350,000 on September 17, 2013.

[Ground of recognition] Facts without dispute, Eul's evidence 6-1 and 2, witness D, E's testimony, the purport of the whole pleadings

2. Determination as to the claim

A. The Plaintiff’s assertion 1) The Plaintiff asserted that the Plaintiff agreed with the Defendant to KRW 10,00 per cubic meter of the instant construction work, KRW 6,00 per square meter of the waterproof construction work, KRW 130 per square meter of the waterproof construction work, KRW 130 per square meter of the irrigation work, and KRW 2,00 per square meter of the drilling construction work, and KRW 2,000 per square meter of the drilling construction work. The Plaintiff’s assertion that the Plaintiff’s demand for the payment of the construction cost of KRW 83,332,680, which was already made by the Plaintiff, should not be made on December 2, 2013. As the Plaintiff’s demand for the payment of the construction cost of KRW 83,40,00 and KRW 10,000 per square meter of the meal and service cost was not made on the part of the Plaintiff, and that the Plaintiff’s demand for the payment of the construction cost should not be made on the part of the Plaintiff.

B. As to whether the Plaintiff and the Defendant entered into a contract for the instant construction works, evidence Nos. 1 through 7 is examined.

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