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(영문) 광주지방법원 2020.10.14 2019나66087
공사대금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that carries out the architectural artificial park construction, etc., and the Defendant is a legal entity that operates the D Hospital located in the Gunsan City C (hereinafter “instant hospital”).

B. On March 2, 2019, the Plaintiff concluded a construction contract with the Defendant to remove the underground floor walls and part of the second floor of the instant hospital’s underground floor, and install partitions at the entrance, etc. of the first floor below the ground (hereinafter “instant construction contract”).

C. On March 5, 2019, the Plaintiff completed the removal part of the instant construction works.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion asserts that the Plaintiff is obliged to pay KRW 9,900,000 to the Plaintiff, as the Plaintiff completed all of the instant construction work around March 5, 2019.

B. The gist of the defendant's assertion argues that, although the plaintiff completed the part of the removal work of this case, the part of the removal work of this case was not completed, the part of the removal work of this case did not complete, the plaintiff damaged the underground floor, etc. during the removal work, causing damage equivalent to the cost of the repair to the defendant, and since the plaintiff subrogated for the construction work for the subordinate business to be paid by the defendant, the construction work payment to the plaintiff is not remaining

3. Determination

A. The evidence submitted by the Plaintiff on the part of the construction work of this case is insufficient to deem that the Plaintiff completed the construction work of this case during the construction work, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's claim concerning the part of the construction work of this case is without merit.

B. On March 5, 2019, the dispute between the parties regarding the completion of the removal works among the instant construction works.

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