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(영문) 수원지방법원 2020.10.22 2020나70694
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The plaintiff asserted by the parties: ① (a) around September 2018, the defendant paid 43,80,000 won for C Corporation; (b) around October 2018, the price for D Corporation was 66,30,000 won for D Corporation; (c) around November 2018, the price was 73,300,000 won for E Corporation; (d) around November 2018, the F Corporation was 115,80,000 won for F Corporation; and (e) around November 2018, the price was 161,70,000,000 won for G Corporation; and (e) the amount was 460,90,000,500,000 won for the above construction price was received from the defendant; and (e) the remainder was 80,000 won for the construction owner; and (e) the owner was paid from the third party owner.

The defendant asserts that the above construction contract was not entered into between the plaintiff and the plaintiff.

2. As to whether a contract for construction has been concluded between the Plaintiff and the Defendant as alleged by the Plaintiff, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings, namely, the Plaintiff’s assertion, that is, the Plaintiff issued a written estimate in the future “I” in receiving a subcontract for each of the above construction works claimed by the Plaintiff. The above “I” appears to mean “I” corporation with representative director, and the Plaintiff filed a complaint against the Defendant’s husband as the Defendant’s husband for fraud on the ground that the Plaintiff did not receive the above construction cost, and the Plaintiff filed a complaint against the auditor J as the Defendant’s husband as the Defendant’s husband, not the Defendant, for the reason that he did not receive the said construction cost, there is insufficient evidence to acknowledge that the Plaintiff had been subcontracted each of the above construction works from the Defendant as alleged by

Therefore, the plaintiff's above assertion is without merit.

Even if it is acknowledged that the Plaintiff had been subcontracted each of the above construction works from the Defendant, as alleged by the Plaintiff, the Plaintiff was awarded a subcontract for the price for each of the above construction works solely based on the statement of Gap 1 and 13 evidence.

or for each of the above construction costs.

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