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(영문) 인천지방법원 2018.05.03 2017가단237567
공사대금
Text

1. Defendant D shall pay to the Plaintiff KRW 23.6 million and the interest rate of KRW 15% per annum from December 22, 2017 to the date of full payment.

Reasons

1. The plaintiff's assertion completed all the construction works upon the introduction of defendant D, which was entrusted by defendant B and C, but was not paid part of the construction cost. Thus, the defendants are liable to pay the construction cost unpaid to the plaintiff.

2. Determination

A. The Plaintiff seeking the payment of the construction cost on the premise that the Plaintiff entered into the interior contract between Defendant B and Defendant B. However, it is insufficient to acknowledge the fact that the Plaintiff entered into the construction contract between Defendant B and Defendant B as alleged by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim against the defendant B is without merit.

B. Although the Plaintiff entered into an Rotterdam construction contract (hereinafter “instant construction contract”) and the instant construction contract with Defendant C, it is alleged that the Plaintiff did not receive KRW 20,60,000 out of the said construction price. On the other hand, Defendant C asserted that the construction price was fully paid after entering into the instant construction contract with Defendant D.

In light of the purport of the entire arguments in evidence Nos. 5 through 7 (including paper numbers), 9, 11, and 12, the Plaintiff may be deemed to have received only KRW 63 million as the construction price of the instant construction from Defendant D. As such, if it is assumed that the Plaintiff entered into the instant contract with Defendant C, such as the Plaintiff’s assertion, with which the total construction price of the instant construction work was KRW 83.6 million, the Plaintiff could not be deemed to have received KRW 20.6 million out of the construction price of the instant construction work.

However, the above evidence alone is insufficient to recognize the fact that the Plaintiff entered into the instant contract with Defendant D, and there is no other evidence to acknowledge it, and rather, evidence Nos. 1 and 2 (including paper numbers) are included.

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