(영문) 부산지방법원동부지원 2019.03.27 2018가단3184

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원동부지원 2019.03.27 2018가단3184

공사대금등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. On May 2017, Plaintiff A entered into a contract with the Defendant for the construction of the facility for older persons and children on both sides of land (hereinafter “instant construction contract”) with the terms that the construction cost of KRW 166,280,000 shall be determined as KRW 166,280,00 among the construction works for the construction of the facility for older persons and children on both sides of land (hereinafter “instant construction work”). As such, the Defendant is obligated to pay Plaintiff A the unpaid construction cost of KRW 63,230,00 and delay damages therefrom.

B. Plaintiff B entered into an agreement with the Defendant to supply composites, etc., as construction materials at the construction site of this case (hereinafter “instant materials supply contract”), and supplied construction materials equivalent to KRW 5,842,500 in total to the Defendant from August 22, 2017 to September 5, 2017. As such, the Defendant is obligated to pay the Plaintiff B the price of supplied goods, KRW 5,842,500, and delay damages therefrom.

2. Determination:

A. As to whether the contract of this case was concluded between the plaintiff A and the defendant, it is difficult to believe that the statement of No. 7 and the testimony of the witness F, which seems to correspond to it, is insufficient to recognize it only by the statement of No. 1, 2, 6, and 8 (including a serial number, if any, including it; hereinafter the same shall apply). Since there is no other evidence to acknowledge it, the plaintiff A's above assertion is without merit without need to further examine it.

B. Plaintiff B, first of all, as to whether the instant material supply contract was concluded between Plaintiff B and the Defendant, it is difficult to believe that Plaintiff B’s statement of No. 7 and the witness F’s testimony appears to correspond thereto, and it is insufficient to recognize them solely with the descriptions of Plaintiff B’s evidence Nos. 3 and 6, and there is no other evidence to acknowledge it. Thus, Plaintiff B’s above assertion is without merit without need to further examine.

3. Conclusion

유사 판례

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