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(영문) 수원지방법원 2015.10.27 2014가단70593
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On November 20, 2013, the Plaintiff entered into a contract for construction with C and with the content that the Plaintiff would construct Empt facilities in Empt D from November 26, 2013 to December 20, 2013, and receive KRW 110 million from C.

C issued and delivered a cash storage certificate to the Plaintiff on February 15, 2014, stating that the payment of the remaining construction cost of KRW 90,000 to the Plaintiff is paid by February 15, 2014.

C On December 20, 2013, a business operator registered his/her business under the trade name "Emart", and on March 18, 2014, the Defendant transferred his/her business day, including the above Mart facilities, to the Defendant.

The Defendant changed the trade name to “Fmate” and operated the said marina through the Defendant’s parents.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the plaintiff's argument as to the ground for claim of the whole purport of the argument as to the ground for claim as to the plaintiff's obligation to pay the remainder of construction work to the plaintiff, and the plaintiff agreed to pay the remainder of construction work to the plaintiff. Thus, the defendant is liable to pay the plaintiff the debt acquisition amount or agreed amount of KRW 90 million and the delay damages.

Judgment

The Defendant acquired C’s obligation to pay the remainder of the construction work to the Plaintiff.

As to the agreement to pay the balance of the construction work to the Plaintiff, it is difficult to believe the witness G’s testimony and the result of the party’s personal examination against C as it is, the statement of evidence No. 9 alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the Plaintiff’s above assertion is without merit.

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

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