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(영문) 창원지방법원 2016.06.28 2015가단18568
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff alleged by the defendant that the construction of the Chang House was completed by subcontracting the construction cost of KRW 198 million among the "B Warehouse Construction Works" that the defendant received from the defendant, but only received KRW 170 million from the defendant, and did not receive the remainder of the construction cost of KRW 28 million. The plaintiff asserted that the defendant did not pay the same amount.

In this regard, the defendant alleged that he did not subcontract the Construction Project to the plaintiff.

2. On January 22, 2015, the Plaintiff issued a tax invoice of KRW 198 million in sales to the Defendant; the Plaintiff received a total of KRW 170 million in construction cost, including KRW 30 million on October 31, 2014; KRW 30 million on November 20, 2014; and KRW 50 million on February 16, 2015; and the fact that the Plaintiff received a tax invoice of KRW 170 million on the basis of each of the items of evidence evidence No. 1 through No. 4; however, the fact that the said fact alone is insufficient to acknowledge that the Plaintiff was awarded a subcontract for the construction project by the Defendant; rather, there is no other evidence to acknowledge that the Plaintiff had not been awarded a subcontract for the said construction project; rather, the Plaintiff’s new construction project operator’s name and new construction project operator’s name of KRW 67,770,33 through 5,050,000 in total among the construction cost of each of the witness C’s testimony.

Therefore, the plaintiff's assertion that there is a direct contractual relationship between the plaintiff and the defendant is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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