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(영문) 대구지방법원 2018.11.23 2017가단18092
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) Around July 2016, the construction contract between the Defendant and the Daegu Northern-gu, Seoul-gu, with respect to remodeling construction works for the housing on the ground of the ground of the Plaintiff, stipulated as construction cost of KRW 160,00,000 and the construction period of November 30, 2016 (hereinafter “instant construction contract or construction contract”).

(2) The Plaintiff completed the instant construction, but the Defendant did not pay KRW 80,000,000 out of the construction cost.

Therefore, a judgment, such as the statement of claim, is sought.

B. The Plaintiff and the Defendant agreed to complete the instant construction work until November 30, 2016, and to pay KRW 80,000,000 as security deposit for lease on a deposit basis by setting up the second floor building on a deposit basis.

However, the Plaintiff failed to complete the instant construction work, and the term of construction falls short of KRW 80,00,000, and thus, the Defendant has no obligation to pay the construction cost.

2. However, the Plaintiff did not prove the fact that the construction of this case was not completed, and that the height of the construction of this case exceeds 50%.

Therefore, the plaintiff's claim of this case cannot be accepted.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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