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(영문) 인천지방법원 2020.12.15 2020가단215857
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the construction business of steel and steel bars in the trade name of “F” with the location of the Nam-gu Incheon Metropolitan City D and Eart as its location. The Defendant completed registration of the preservation of ownership on the general steel structure and other roof (sloping roof)-ground two-story factories of the Seo-gu Incheon Metropolitan Government (hereinafter “instant building”).

B. In relation to the instant building, there is a standard contract agreement for private construction works signed on September 18, 2018 (hereinafter “instant contract agreement”) with the Defendant as the contractor, contract amount of KRW 55,00,000 (including the sum of KRW 110,000,000,00), Incheon Seo-gu in the construction site, Incheon Seo-gu, the construction site, the construction site, the construction site new G factory construction work, the date of commencement, the date of September 20, 2018, and the date of scheduled completion as of October 31, 2018.

C. A principal contractor H, the Plaintiff, the Plaintiff, the contract amount of KRW 14,30,00 (total of KRW 28,600,000), the ordering person, the Defendant, the contracting party, the construction work G factory construction work, the construction work of subcontracted industrial records, the construction work of the construction work commencement date, and the construction work commencement date on October 22, 2018, and the construction completion date on November 19, 2018, there is a standard subcontract agreement for construction business type (hereinafter “instant subcontract agreement”). D.

With respect to the construction of industrial records, etc. stated in the instant subcontract agreement, H paid KRW 28,60,000 to the Plaintiff on January 8, 2019, and the Defendant paid KRW 25,000,000 to the Plaintiff on January 31, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, Eul evidence Nos. 3, 4, 15, 16, 19, and 20, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Defendant: (a) requested the Plaintiff to construct an intermediate floor for the purpose of using the intermediate floor for each floor of the instant building; (b) the Plaintiff agreed to settle the construction cost after completion; (c) the intermediate floor to be used in the second floor from December 28, 2018 to March 13, 2019 was manufactured and installed in steel and steel plates; and (d) materials for steel frame to be used in the first floor are as follows.

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