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(영문) 의정부지방법원 2019.01.11 2018가단5522
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion is: (a) among the construction works on March 30, 2017 from the Defendant, KRW 196 million for the production of the GRP and the FRP pipelines; (b) KRW 78 million for the production and installation works of the FRP COVI; and (c) KRW 46 million for the production and installation works of the FRPP CRBP ; (b) the construction is completed; and (c) the Plaintiff’s payments for the construction works are KRW 10 million for the completion of the construction; and (d) the Plaintiff’s payments for the construction works are KRW 50 million for the completion of the construction works.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 48 million (=10 million – KRW 53 million), excluding the already paid KRW 53 million, out of the prepaid construction cost of KRW 11 million, and damages for delay.

B. According to the evidence evidence Nos. 3 and 4, the fact that the Plaintiff entered into a sewage supply contract as asserted by the Plaintiff on March 30, 2017 may be acknowledged, but there is no evidence to acknowledge the fact that the construction corresponding to the sewage supply contract as asserted by the Plaintiff was completed normally.

Therefore, the plaintiff's assertion is not accepted.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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