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(영문) 청주지방법원 2016.02.18 2015가단102835
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Judgment as to the primary cause of claim

A. The gist of the Plaintiff’s assertion 1) The Defendant’s assertion is as follows: B maintenance work between Boan-gun and Boan-gun on October 14, 2013 (hereinafter “instant construction work”); and

(2) After entering into a contract with the Plaintiff for construction cost of KRW 249,35,300, and entering into a subcontract orally with the Plaintiff in relation to the instant construction project, the terms and conditions of the subcontract were to pay to the Plaintiff the remainder of 85% after deducting 15% from the total construction cost. (2) Accordingly, the Plaintiff completed the instant construction by procuring parts and materials at the Plaintiff’s expense from October 31, 2013 to September 1, 2014, and the Defendant received all payment for the construction cost from Boan-gun on October 15, 2014, and thus, the Plaintiff is obligated to pay the construction cost of KRW 98,85,470 in total and delay damages as indicated below to the Plaintiff.

B. As alleged by the Plaintiff, whether the Plaintiff and the Defendant entered into a subcontract with the content that the Defendant shall pay the Plaintiff the remainder of 85% after deducting 15% of the total construction amount from the total construction amount, is not sufficient to acknowledge the fact that the Plaintiff entered into the subcontract as above with the Plaintiff and the Defendant, and there is no other evidence to support the fact that the Defendant entered into the subcontract as above. Rather, as seen below, the Defendant appears to have entered into a subcontract with D in a lump sum with D and engaged in the maintenance and repair of cultural properties including the instant construction. Therefore, the Plaintiff’s assertion is without merit.

2. Judgment on the conjunctive cause of claim

A. On October 14, 2013, the Defendant entered into the instant construction project with Boan-gun in KRW 249,335,300, and the Plaintiff completed the instant construction project with the Defendant’s implied permission. 2) ① The Defendant related to the instant construction project.

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