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(영문) 수원지방법원평택지원 2016.05.25 2015가단15141
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 entered into an agreement with the Defendant on the construction that the Plaintiff would receive KRW 312 million (excluding value-added tax) from the Defendant on the part of the construction cost of Pyeongtaek-si site development project (hereinafter “instant construction contract”). However, the Plaintiff did not directly perform the construction work and did not enter into an agreement on the construction cost of KRW 312 million (value-added tax equivalent to the said construction cost).

Therefore, the defendant should pay KRW 31.2 million to the plaintiff according to the above agreement.

2. We examine the judgment, there is no evidence to prove that there was an agreement between the Plaintiff, the Defendant, and the Dosung Comprehensive Construction Company, as alleged by the Plaintiff, and even if there was such an agreement, so long as the Plaintiff asserts that the Plaintiff was a party to the agreement on the Dosung Comprehensive Construction Company, at least the Plaintiff should complete the construction work in accordance with the instant construction contract, and at least the Plaintiff should have a claim for the agreed amount against the Defendant. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Dosung Comprehensive Construction Company completed the said construction work, and there is no other evidence to support it. Therefore, the Plaintiff’

3. If so, the plaintiff's claim of this case is without merit, and it is so decided as per Disposition.

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