(영문) 부산지방법원 2019.04.25 2018나4489 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.04.25 2018나4489

공사대금 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The assertion and judgment

A. The plaintiff himself awarded a contract for painting construction work from the defendant and completed the construction work, but the defendant did not pay to the plaintiff KRW 3 million out of the construction cost. ② The defendant completed the construction work after being awarded a contract for painting construction work among E-Industrial Factory Construction Works of C, but the defendant did not pay the construction cost. Since the defendant did not pay the construction cost, the defendant asserts that he is liable to pay the plaintiff the total amount of the unpaid construction cost (= KRW 15 million (= KRW 3 million), but the defendant is not obliged to pay the plaintiff a total of KRW 1,5 million (= KRW 12 million) and damages for delay. However, the plaintiff's assertion is insufficient to acknowledge its assertion only with the descriptions of evidence Nos. 3-1, 2, and 7, and there is no other evidence to acknowledge it. Thus, this part of the plaintiff's assertion is without merit.

B. The Plaintiff: (a) contracted to perform the Dolsung Construction Work from the Defendant, which was contracted by the Defendant, and completed the Construction Work; (b) the Defendant did not pay the Plaintiff KRW 6,365,00 among the construction cost; (c) thus, the Defendant sought payment of the unpaid construction cost of KRW 6,365,00 and damages for delay thereof; (d) but it is insufficient to accept the allegation solely on the basis of each of the statements in the evidence Nos. 1 and 8; and (e) there is no other evidence to acknowledge

C. The plaintiff asserts that the defendant is obligated to pay 4 million won and damages for delay to the plaintiff with the amount of indemnity, since 4 million won are paid by the defendant to G on his behalf, the defendant is obligated to pay 4 million won and damages for delay to the plaintiff. However, the plaintiff's assertion alone is insufficient to acknowledge the fact of assertion, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion on this part is without merit.

2. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just and correct.

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