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(영문) 창원지방법원통영지원 2019.01.08 2018가단3525
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff carried out the construction of reinforced concrete among the E-ground neighborhood living facility construction works (hereinafter “instant new construction works”) in the building site E-si (hereinafter “instant new construction works”). As the Plaintiff entered into a construction contract with the Defendant for the construction of reinforced concrete in relation to the construction of reinforced concrete among the additional construction works on the ground of the change in the design drawing, and completed the construction of reinforced concrete from July 2017 to April 2018, the Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 59,920,000 for the said additional construction works.

B. It is not sufficient to acknowledge that the construction contract was concluded between the Plaintiff and the Defendant with respect to reinforced concrete construction among the additional construction works in a commercial building. There is no evidence to acknowledge otherwise.

Rather, according to the purport of each of the statements and arguments in Eul evidence Nos. 1 through 7 (including the number of pages), the defendant entered into a subcontract for construction of reinforced concrete among the new construction of this case with D, the plaintiff's work of the said reinforced concrete as D's sewage contractor, and the defendant paid the full amount of the construction cost of the said reinforced concrete construction including the additional construction to D. Thus, the plaintiff can only seek the payment of the construction cost against D, unless there are special circumstances.

Therefore, we cannot accept the plaintiff's above argument.

2. In conclusion, 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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