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(영문) 광주지방법원 2019.05.16 2018나35
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2017, the Plaintiff’s summary of the Plaintiff’s assertion concluded a construction contract (hereinafter “instant construction contract”) with the Defendant for the alteration and repair of the purpose of use of the “D Hospital” located in Nam-gu, Gwangju (hereinafter “instant hospital”) to the contract amount of KRW 27,50,000 (including additional tax), and completed all of the said construction works, the Defendant paid KRW 15,500,000 out of the said contract amount and did not pay the remainder of KRW 12,00,000.

Therefore, the defendant is obligated to pay the plaintiff 12,000,000 won for the unpaid construction cost and delay damages.

2. The written evidence Nos. 1 and 3 alone is insufficient to acknowledge that the Defendant is a party to the instant construction contract, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s assertion based on the premise that the Defendant is a party to the instant construction contract is without merit.

Rather, considering the overall purport of the statement and arguments in Eul evidence No. 3, E, which initially promoted the establishment of the instant hospital, concluded the entire interior contract with F and the instant hospital, and it appears that F merely subcontracted part of the instant interior construction contract to the Plaintiff, and the defendant did not participate in the process of concluding the said interior construction contract and the instant construction contract.

3. According to the conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The judgment of the court of first instance, which has different conclusions, is unfair, so it is revoked, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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