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(영문) 인천지방법원 2017.02.10 2016나10407
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. (1) On July 15, 2015, the Plaintiff entered into a creative construction contract with the Defendant for the apartment of 502 Dong 1102 Dong 1102, Namwon-si, Namwon-si, with the construction cost of 13,80,000, and the said creative construction was completed by the 30th day of the same month, and thus, the Plaintiff seeks the payment of the construction cost.

(2) The defendant only entered into a collective contract with the defendant D for the remodeling of the above apartment, and did not have entered into a creative construction contract with the plaintiff.

B. In light of the judgment, the evidence alone presented by the Plaintiff is insufficient to acknowledge that the Plaintiff entered into the above creative construction contract with the Defendant, and there is no other evidence to prove otherwise.

(1) In light of the purport of the entire argument in the testimony of the witness D, the defendant contracted the above apartment remodeling work to D, and the plaintiff seems to have been awarded a subcontract for the remodeling work from D). 2. Thus, the plaintiff's claim of this case is dismissed as there is no reason. Thus, the judgment of the court of first instance is unfair in conclusion, and the plaintiff's claim is dismissed as it is so decided as per Disposition.

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