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(영문) 의정부지방법원 고양지원 2018.05.09 2017가단18760
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 17, 2013, the Defendant received a contract from Eunpyeong-gu Seoul Metropolitan Government Construction Work for the Construction Work of E-Bablet (hereinafter “instant Construction Work”) with KRW 2.53 billion (hereinafter “instant New Construction Work”), and commenced around October 15, 2013.

B. From February 2014 to May 201 of the same year, the Plaintiff performed the following construction works on the instant loan loan.

① The construction of a scam, scam, gas rail, scam, and water supply (hereinafter “first construction”) around February 20, 2014 (hereinafter “the first construction”) (2) around May 13, 2014 (hereinafter “the second construction”) (hereinafter “the second construction”) (3) around May 22, 2014 (hereinafter “the third construction”).

[Reasons for Recognition: Evidence No. 5, Evidence No. 1, Evidence No. 1, the purport of the whole pleadings

2. Assertion and determination

A. On February 20, 2014, the Plaintiff asserted that the Plaintiff was a Defendant’s agent or an expression agent, paid KRW 80 million for the first construction on February 20, 201, KRW 88 million for the second construction on May 13, 2014, and KRW 80 million for the third construction on May 22, 2014. The Defendant paid only KRW 975 million for the Plaintiff from March 6, 2014 to November 20, 2014.

Since the Plaintiff awarded a subcontract for a remote area construction project in KRW 47 million to G during the said construction project, the Defendant is obligated to pay to the Plaintiff KRW 30,500,000 after deducting KRW 47 million from the remainder of the construction project.

B. The following facts can be acknowledged according to each of the statements in 1, 2, and 3 of the evidence Nos. 1, 2, and 1, 2, respectively.

① The name of the Defendant Company is stamped in the column of the client of the contract for the primary construction work and the name of the Defendant Company is indicated next thereto.

In the upper end of the estimate on the second construction project, “B Note L” and “BF” are entered at the lower end of the right.

There is a statement that ‘B' is placed on the left-hand top of the quotation for the third construction work.

② As the price for the first, second, and third construction work, the Plaintiff or ASEAN’s passbook opened to the Plaintiff or ASEAN: (a) the amount of KRW 10 million on March 6, 2014; (b) the amount of KRW 1 million on July 22, 2014; and (c) the amount of KRW 2 million on July 28, 2014;

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