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(영문) 부산지방법원 2021.01.22 2020나671
공사대금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. Around July 1, 2018, the Plaintiff’s summary of the Plaintiff’s assertion concluded a contract with the Defendant for the construction of the second floor detached housing unit C on the Gyeonggi-si ground (hereinafter “instant construction”) at KRW 120,000,000 for the construction cost, and completed the construction work, including additional construction work equivalent to KRW 21,20,00,00, such as the construction of the second floor Bergada expansion, the construction of the marina, storage, gardening construction, etc.

However, since the defendant does not pay KRW 8,800,000 among the above construction cost, the defendant is obligated to pay the remainder of the construction cost to the plaintiff.

2. According to the overall purport of Gap evidence Nos. 1-2, Gap evidence Nos. 2, 7, Eul evidence Nos. 1-8, and Eul evidence Nos. 1-8, the following circumstances, namely, ① the construction cost related to the construction of this case, appears to have been deposited into the new bank account (E) with the name of D, and ② the defendant's mother-friendly F who is not the defendant who contracted the construction of this case, and the person who received the contract for the construction of this case is G, and F paid the construction cost to Eul.

C. In light of the purport that the Plaintiff was paid the construction price with the account in the name of D, and the Plaintiff did not submit any materials as to the circumstances for which the payment of the construction price was made, and ③ written confirmation of the construction price related to the instant construction project (Evidence No. 1-2, No. 7, and No. 1) was prepared between G and F, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff and the Defendant were the parties to the contract for the instant construction project, and there is no other evidence to acknowledge it otherwise.

Therefore, the Plaintiff’s assertion is difficult to accept without having to live.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed.

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