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(영문) 광주지방법원 2017.08.10 2016가합1900
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2014, the construction on board Co., Ltd. (hereinafter referred to as “True Construction”) subcontracted the instant construction work with a construction period fixed from May 15, 2014 to March 12, 2015, with the construction period fixed from May 15, 2014 to March 12, 2015. The Plaintiff, as a field agent for construction on board, was working at the instant construction site.

With respect to the instant construction project, Defendant, construction on board, and Plaintiff agree as follows.

- The following- On or after July 1, 2015, the construction on board promises to complete the construction in this case’s construction work in cooperation with the Plaintiff and the Defendant, and construction on board cannot raise any objection to the Defendant, and if the Plaintiff completed the construction in this case by July 31, 2015, the Defendant shall not be liable for the construction on board.

Special agreement: The cost of leasing materials used during the remaining construction period shall be provided free of charge in the construction on board.

B. On July 1, 2015, the Plaintiff, the Defendant, and construction on board drafted a written agreement relating to the instant construction project (Evidence 1). The main contents are as follows.

C. On October 6, 2015, the Plaintiff prepared a letter (Evidence No. 3) stating, “I, on October 6, 2015, shall complete the instant construction work by October 20, 2015, on the condition that I will receive KRW 100 million from the Defendant with respect to the instant construction work, and, if not, in the absence of the completion, I shall promptly assume all civil and criminal responsibilities for the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. When the Plaintiff and the Defendant completed the instant construction, the Defendant agreed to set the amount to the Plaintiff.

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