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(영문) 수원지방법원안산지원 2020.09.09 2019가단15786
공사금 노임금 및 자재대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 2016, the Plaintiff asserted that the instant construction work was completed around February 27, 2017, when the Plaintiff was awarded a contract with C for a wooden hole among the construction works of new housing units on land and two parcels (hereinafter “instant construction works”).

C On March 23, 2017, the Plaintiff prepared a payment note (A and A6) stating that the amount of KRW 28,000,000 as wages of the instant construction project shall be paid by April 13, 2017, and KRW 21,60,000 as the material price of the instant construction project shall be paid by June 30, 2017, and deliver it to the Plaintiff.

The plaintiff was requested by C to perform an additional construction work, and the price is KRW 4,721,00.

The Defendant changed the name of the owner of the newly-built house to the said owner: KRW 5,00,000 out of the total construction cost of KRW 28,000,000 (=21,600,000 additional construction cost of KRW 4,721,00).

The defendant shall pay to the plaintiff the remaining 49,321,00 won (=54,321,000 won - 5,000,000 won) and damages for delay.

2. According to the respective descriptions of “A” and “B”, it is recognized that the Defendant changed the name of the owner of the said newly-built house from “E” around September 28, 2017, and that the Defendant paid KRW 5,000,000 to the Plaintiff on June 18, 2018.

However, the above facts alone succeeded to the status of the Defendant as the party to the “Agreement on the instant Construction Work between the Plaintiff and C” from C.

It is not sufficient to recognize that C assumed debt owed to the Plaintiff as to the above contract, and there is no other evidence to acknowledge otherwise.

Therefore, the Plaintiff’s assertion seeking payment of the construction cost of the instant case is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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