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(영문) 인천지방법원 2018.02.14 2017가단204673
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion was subcontracted by the Defendant on March 2016 on the condition that the Defendant would receive 10% of the direct construction cost and the direct construction cost due to the total amount of direct construction cost and the profits therefrom, which were invested in the construction work among the new construction work of the Dog Security House for the Dog Security Officers (hereinafter “instant construction work”).

Therefore, the Plaintiff completed the instant construction in 346,585,815 won. As such, the Defendant should pay 381,244,396 won (the amount of 346,585,815 won) to the Plaintiff.

However, since the defendant paid only KRW 297,946,100 among them and did not pay the remainder of KRW 83,298,296, the defendant sought payment of KRW 83,298,296 and damages for delay.

2. The evidence submitted by the Plaintiff alone that the Plaintiff invested KRW 381,244,396 to the direct construction cost of this case.

or the defendant's promise to pay the proceeds is not sufficient, and there is no other evidence to acknowledge it.

(Plaintiff asserts that at least KRW 42,90,000 should be paid by the Defendant at least the amount of the marine transportation cost on April 2016, but there is no evidence to readily conclude that the Plaintiff actually spent the said amount as the direct construction cost of this case and was not settled). Accordingly, Plaintiff’s claim cannot be accepted.

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