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(영문) 서울동부지방법원 2017.04.28 2015가단28198
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is requested by the defendant, the owner of the building, to construct a new housing unit in Gangnam-gu Seoul Metropolitan Government, and the stone construction work is requested from April 2013.

9. The construction has been completed by the end of the year.

The defendant is obligated to pay 37,671,700 won (including value-added tax) and damages for delay to the plaintiff.

2. The evidence alone presented by the Plaintiff is insufficient to recognize the fact that the Plaintiff was requested by the Defendant to construct stone for the Plaintiff’s assertion.

Rather, according to the evidence Nos. 1, 2, and 4, the Defendant entered into a contract with D on August 28, 2012 that the construction cost of KRW 572,300,00 (additional tax separate) was fixed on December 30, 2012; the scheduled date of completion; and the Defendant filed a lawsuit seeking refund of KRW 86,08,873 of the construction cost of new construction works paid by D in excess of D; and filed a lawsuit seeking compensation against D on December 18, 2015 by Seoul Southern District Court Decision 2015Ga3762; while D appealed appealed as Seoul High Court Decision 2016Na3241 on December 21, 2016, the part of the appeal becomes final and conclusive and conclusive.

Therefore, the plaintiff's above assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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