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(영문) 광주지방법원 2018.11.30 2018가단508996
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. On September 2017, the Plaintiff entered into a contract with the Defendant for the construction of the instant construction project with the amount of construction cost of KRW 240 million, and the construction period from September 30, 2017 to November 15, 2017, with respect to the light volume D facilities and interior and interior partitions of Gwangju-gu District D Hospital (hereinafter “instant construction”) among the instant construction works, with the introduction of E, and completed the instant construction project on December 2, 2017. The Defendant paid KRW 60 million out of the instant construction cost through E and did not pay the remainder of KRW 180,000,000,000 to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 180,000,000 and damages for delay.

B. From the time of completion of the instant construction in order to secure the unpaid construction cost, the Plaintiff occupied the portion of the real estate indicated in the attached Table among the buildings in the above D Hospital, and the Defendant deprived of the Plaintiff’s possession on or around January 20, 2017, and confirmed that there exists a lien of KRW 180,000,000 as the secured claim amount to the Plaintiff regarding the real estate indicated in the attached list.

2. Determination

A. The Plaintiff’s assertion on the claim for construction cost alone is insufficient to recognize that the contract for construction work as alleged by the Plaintiff was concluded between the Plaintiff and the Defendant, and there is no other evidence to prove otherwise. Therefore, the Plaintiff’s assertion on the premise that the contract for construction work was concluded is without merit without further examination.

Rather, the following circumstances, which can be comprehensively seen in the statement Nos. 1 through 7, 19, and 20, were revealed by considering the overall purport of the pleadings, namely, the Defendant awarded a contract to E for the construction of facilities and interior facilities of the pertinent D Hospital and the interior of the relevant D Hospital. The Plaintiff appears to be included in the instant construction works performed by the said Plaintiff, and the Plaintiff received a total of KRW 150,130,000 from E during the period from September 4, 2017 to October 31, 2017, and directly from the Defendant by claiming construction payment.

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