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(영문) 창원지방법원 2019.05.03 2017나6409
공사대금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The summary of the Plaintiff’s assertion concluded a contract for construction with the Defendants, and around October 16, 2012, the Defendants did not pay the construction price to the Plaintiff, even though the Plaintiff entered into a contract for construction with the Defendants, performed D Corporation in Seocho-gu Seoul Special Metropolitan City, Jun. 1, 2013, E Corporation, and F Corporation on April 14, 2014.

Therefore, the Defendants are jointly and severally obligated to pay 17,909,430 won (i.e., principal KRW 11,072,000) to the Plaintiff (i.e., KRW 6,837,430).

2. The evidence submitted by the Plaintiff alone is insufficient to recognize that the construction contract between the Plaintiff and the Defendants was concluded, and there is no other evidence to acknowledge otherwise.

(On the other hand, the Plaintiff submitted an application for correction to the effect that the Defendant C is changed to “Company G” by this court, but the Defendant’s correction can only be made before the closing of argument in the first instance trial pursuant to Article 260(1) of the Civil Procedure Act, and thus, the Plaintiff’s application for correction of the Defendant shall not be accepted.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed as all of the grounds for appeal are groundless.

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