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(영문) 대구지방법원 2016.04.21 2014가단40494
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 3, 2014, the fact that the Plaintiff entered into a construction contract between the Defendant and the Defendant for a multi-family house construction project that the Defendant newly built on the ground of the Jeju Island does not conflict between the parties, or that it is recognized by taking into account the overall purport of the pleadings as a whole, as stated in the evidence No. 1.

2. Judgment on the plaintiff's assertion

A. On August 2013, the Plaintiff, while carrying out the construction under the above contract, was performing the construction work at the Defendant’s request, filed a claim for payment of KRW 30,100,000,000 in total, asserting that the said additional construction cost was KRW 5.1 million and the additional installation cost was KRW 25 million.

B. Therefore, since a contract for additional change of a health unit and a construction work also meet the requirements for the establishment of a contract by changing a contract for work, there must be an express and implied expression of intent that the contractor promises the completion of the work and at least the contractor should pay the remuneration for the contract.

However, in line with the fact that there was such an agreement, each of the items of evidence Nos. 4 and 5-1 and 2 in the evidence Nos. 8, 10, and 11 are difficult to believe in light of the respective items and images of evidence Nos. 8, 10, and 11, and each of the items of evidence Nos. 2 and 3 is insufficient to recognize the plaintiff's assertion. Since there is no other evidence to acknowledge it, the plaintiff's claim

3. The plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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