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(영문) 대전지방법원서산지원 2016.06.10 2015가단2753
장비대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff: (a) the construction of a lender (hereinafter “Large Construction”) had been subcontracted for the construction of the Air Force 20 U.S. Air Force from the Defendant; and (b) the lender has a claim against the Defendant for the unpaid construction costs of KRW 76,561,165, separate from the contract amount specified in the subcontract agreement; (c) on March 19, 2015, the Plaintiff asserted that he/she received KRW 23,850,000 from the lender construction to the Defendant of the said unpaid construction claim against the lender for the payment of KRW 23,850,000 from the acquisition amount.

Only with the evidence evidence Nos. 7 and 8, it is insufficient to recognize that the lender has a claim for the construction cost that is separate from the contract price in relation to the above subcontracted work against the defendant, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit without further examination as to the remaining points.

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

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