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Reasons
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(영문) 서울남부지방법원 2018.07.06 2017나62783
공사대금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. On April 11, 2012, the Plaintiff asserted that the Plaintiff entered into a construction contract with the Defendant and the Yeongdeungpo-gu Seoul Metropolitan Government C History Corporation (hereinafter “instant construction”) with respect to the construction cost of KRW 580 million and the construction work on June 25, 2012, with the completion date, and the construction work was performed on June 25, 2012, and the construction cost was suspended by the Defendant’s failure to pay the construction cost and the construction cost was KRW 250 million until the discontinuance date.

However, since the Defendant paid only KRW 96 million to the Plaintiff as the construction cost, the Defendant should pay to the Plaintiff the amount of KRW 154 million payable out of the construction cost (=250 million-96 million) and damages for delay.

B. There is no evidence to acknowledge that the term of construction work up to the time the Plaintiff ceased the construction work of this case is KRW 250 million, and rather, according to the overall purport of each entry and pleading in the evidence in subparagraphs 1 through 7 above, it is acknowledged that the term of construction work up to the time the Plaintiff ceased the construction work of this case does not exceed KRW 10 million and the Defendant paid KRW 96 million to the Plaintiff as construction cost. Thus, without any need to further examine the Plaintiff’s claim in this case premised on the premise that the term of construction work of this case is KRW 250 million.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit. The decision of the court of first instance with different conclusions is unfair, and the defendant's appeal is accepted and the decision of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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