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(영문) 수원지방법원안산지원 2016.04.27 2015가단108642
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

There is no dispute between the parties that the Defendant subcontracted the steel works among the extension works by the Committee, Inc. (hereinafter referred to as the “Committee”).

The Plaintiff sought payment of KRW 25,695,359 remaining construction cost (=350,00 x 221 - 221 - 51,654,641) in the remainder of the construction cost, asserting that the Plaintiff received only KRW 51,654,641 from the Defendant ton KRW 350,00 per ton of the said steel works, and the Defendant asserted that the Plaintiff participated directly in the construction as the head of the Ban and did not conclude a sub-subcontract.

There are 1 through 7 (each witness statement) evidence prepared by the parts who participated in the construction as shown in the Plaintiff’s assertion. However, the content is merely the purport that the Plaintiff did not have any construction cost that was not paid by the Defendant, and it is insufficient to recognize the fact of concluding a sub-subcontract between the Plaintiff and the Defendant solely based on the above evidence, and there is no other evidence to prove otherwise.

In addition, if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 4 and Eul evidence Nos. 1 through 4 (including the provisional number), the defendant agreed to pay 300,000 won per ton between the defendant and the defendant, and it is recognized that the plaintiff claimed and received secondary material purchase cost, the body of the persons, and the rent, etc., from the defendant. Accordingly, the defendant re-subcontracts to the plaintiff at a price higher than that of the party ordered from the window, and the plaintiff bears the burden on the subcontractor as a subcontractor, and there is no reasonable reason to conclude such contract.

Ultimately, the plaintiff's claim is dismissed for lack of reason.

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