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(영문) 서울북부지방법원 2016.09.09 2015가단51750
석공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that on August 31, 2015, the Defendant determined and contracted the tin work among the construction works for the new construction of the store-type housing (hereinafter “instant construction”) as the construction cost of KRW 55 million and filed a claim against the Defendant for the said construction cost of KRW 55 million and damages for delay.

As to this, the defendant asserts that the construction of this case was not contracted to the plaintiff.

2. According to the purport of Gap's evidence No. 4 and the entire argument, Eul's evidence No. 1 (construction subcontract agreement) can be acknowledged that Eul affixed a seal under the defendant's name and delivered it to the plaintiff without the defendant's consent or permission. Thus, it is not possible to use it as evidence, and each statement of evidence No. 2 and 3 is insufficient to acknowledge the plaintiff's assertion, and there is no other evidence to acknowledge it.

Rather, according to the purport of the evidence No. 2 and the entire pleadings, the Defendant, including the instant construction work, on June 2, 2015, determined the construction cost of KRW 470 million for Bable block 404-type store-type store-type housing construction work with Bable block 404,000,000,000.

Therefore, the plaintiff's assertion is without merit.

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

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