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(영문) 서울중앙지방법원 2019.10.24 2019가단15791
공사대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2017, the Defendant awarded a contract to C for a new E-construction project located in Gyeonggi-gu Group D, and the Defendant settled the accounts between C and C around May 2018.

B. The Plaintiff was awarded a subcontract for the Changho Metal Construction Work among the said new construction work by C.

[Recognition] Facts without dispute, Gap evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion ① During the process of performing construction works on a subcontract for Changho Metal Co., Ltd. among the aforementioned new construction works, the Plaintiff discontinued construction works from Defendant and C to the end of the construction works, and the unpaid construction cost was adjusted to KRW 7,480,000 with C.

② Since the Defendant agreed to pay to the Plaintiff KRW 77,480,000, the amount of the settlement of accounts as above, the Defendant is obligated to pay the said amount.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant agreed to pay the Plaintiff KRW 77,480,000 with the other settlement of accounts between the Plaintiff and C, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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