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Reasons
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(영문) 창원지방법원 2019.08.22 2018가합51235
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a construction subcontract with the Defendant awarded a subcontract for each of the following works:

(hereinafter referred to as “the instant construction works” in accordance with the table below, and the combination thereof shall be referred to as “each of the instant construction works”). C EDFH

B. The Defendant shall pay the Plaintiff KRW 32,00,000 as of March 20, 2017; KRW 30,000,000 as of April 17, 2017; and KRW 30,000,00 as of May 24, 2017; and the payment of KRW 73,00,000 as of December 31, 2017 remains; and ② as of May 11, 2017, KRW 10,000 as of December 31, 2017, the Defendant shall pay the Plaintiff KRW 30,000 as of December 31, 2017; and ③ as of March 2, 2017, the construction cost of KRW 105,500,00 as of December 31, 2017 remains.

9. A total of KRW 140,000,000, KRW 10,000 on September 29, 2017, and KRW 20,000 on November 30, 2017 and paid KRW 78,30,000 on December 31, 2017 remains.

2) After filing the instant lawsuit, the Defendant additionally KRW 100,000,000 (hereinafter “additional payment”) to the Plaintiff.

(1) paid the Company. [The facts that there is no dispute over the basis for recognition, Gap's statements in Gap's 1 to 3, Eul's 1 and 4, and the purport of the whole pleadings.]

2. The assertion and judgment

A. The plaintiff asserted 1) against the defendant that he paid 156,80,000 won (=256,80,000 won (i.e., construction work No. 73,500,000 won (i., construction work No. 78,300,000 won) - additional payment of KRW 100,000) out of 21,70,000 out of the construction work price No. 3, and 78,300,000 among the construction work price No. 3, and 78,30,000,000 among the construction price No. 3, the defendant asserts that the plaintiff's claim for additional payment remains due.

B. As seen earlier, the Defendant’s repayment of KRW 100,000,000 for the payment of the construction cost that was not paid first is the fact that the Defendant paid to the Plaintiff.

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