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(영문) 의정부지방법원고양지원 2016.10.26 2016가단1505
물품대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion completed the construction work on June 2, 2015 by performing the construction work in accordance with the construction agreement entered into with the Defendant on April 14, 2015 (B).

On July 2015, the Plaintiff and the Defendant agreed on the settlement of the construction cost of KRW 7,282,00 (including value-added tax). Since the Defendant paid only KRW 62,70,000 among them, the Defendant is obligated to pay the remainder of the construction cost of KRW 1,012,00 and delay damages to the Plaintiff.

B. The Defendant’s assertion that the Plaintiff and the construction cost were not agreed on KRW 7282,00,000, and as a result of the settlement of accounts, the Defendant judged the construction cost to be paid to the Plaintiff as KRW 62,70,000 and paid the said amount in full

2. The key issue of this case is whether the Plaintiff and the Defendant agreed on the construction cost of KRW 72820,000.

Although the Plaintiff submitted the evidence proving that the agreement was reached as above, the above evidence alone is insufficient to acknowledge the above agreement in light of the contents of the agreement (i.e., settlement of accounts, referring to consultation after settlement of accounts, etc.) and there is no other evidence to acknowledge the agreement.

Therefore, the plaintiff's claim is dismissed for lack of reason.

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