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(영문) 서울동부지방법원 2017.01.13 2016가단34824
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As the cause of the instant claim, between the Plaintiff and the Defendant on November 27, 2015, the Plaintiff concluded a construction contract with the Defendant to set up a house construction work at the factory located in Gwangju-si, which the Defendant operates, and actually performed the said house construction work, and the Defendant received KRW 25 million out of the said construction work, and thus, the Plaintiff should be paid the remainder of the said construction work amount (=the remainder of the purchase price plus KRW 23 million), and thus, the Plaintiff should be paid KRW 26.8 million out of the said construction work price (=the remainder of the purchase price plus KRW 23.8 million).

Therefore, it is not sufficient to acknowledge that the contract was concluded between the Plaintiff and the Defendant on the construction work for the said period only with each of the entries in Gap 1, 2, 3-1, and 3-2, and there is no other evidence to acknowledge that such contract was concluded. Rather, in full view of the overall purport of the entries and arguments in Gap 4 and 5, the Plaintiff received KRW 25 million from the defendant's husband C and the defendant's husband's husband, and it can only be recognized that the tax invoice was issued to the person who received the above transaction as D corporation.

Therefore, it is reasonable to see that the contract for the establishment of the above gymnasium was concluded between the plaintiff, C or D Co., Ltd.

Thus, the plaintiff's claim against the defendant is dismissed as there is no ground.

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