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(영문) 부산지방법원 2018.12.21 2017나53071
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of fire-fighting system construction business.

B. On April 7, 2015, the Defendant: (a) entered into a contract on the new construction of a factory building C in Gangseo-gu Busan Metropolitan Government D (hereinafter “instant factory”); (b) as a person operating a business entity called “C” in Gangseo-gu Busan Metropolitan Government; and (c) entered into such contract with the Sable Construction Co., Ltd. (hereinafter “Sable Construction”).

[Ground of recognition] Facts without dispute, Gap 2, 4 evidence, Eul 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. On May 11, 2015, the Plaintiff entered into a contract with the Defendant to proceed with the Fire Fighting System (Electric) (hereinafter “instant Fire Fighting System”) among the new construction works of the instant plant (hereinafter “instant fire Fighting System”) with the construction cost of KRW 11 million (including value-added tax).

The plaintiff completed construction works on August 2015 and claimed construction cost, but the defendant did not pay it.

Therefore, the defendant is obligated to pay the plaintiff the above construction cost of KRW 10 million and the delay damages.

B. The Defendant did not have entered into a contract for the instant fire-fighting construction with the Plaintiff. Even if the Defendant entered into a contract for the instant fire-fighting construction, it is merely necessary that the contract form directly prepared by the Plaintiff (hereinafter “instant contract form”) with the Defendant, the owner of the instant fire-fighting system business, in order to undergo a completion inspection on the instant fire-fighting construction under the Fire-Fighting System Installation Business Act

3. Determination

(a) As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document unless there is any counter-proof, and shall not reject it without any reasonable explanation, but even if it is a disposal document attested to be genuine, it shall be deemed that there is a counter-proof or that the content of the document is contrary to objective truth.

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