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(영문) 의정부지방법원 2017.06.08 2017나203313
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. On February 24, 2015, the Plaintiff: (a) received a contract from the Defendant for remodeling work inside the housing unit C located in the Gu-Si of the Defendant’s Government (hereinafter “instant construction work”); and (b) the Plaintiff completed the instant construction work; (c) the Plaintiff was not paid KRW 2,500,000 out of the construction cost of KRW 14,50,000,000 by the Defendant; and (d) there is no dispute between the parties or can be recognized by the purport of the entire pleadings; and (e) the Defendant is obliged to pay the remainder of the construction cost of KRW 2,50,000 to the Plaintiff.

B. Furthermore, the Plaintiff asserted that the Defendant had been awarded a contract for additional construction works, such as new construction of toilets and new construction of storages, and sought payment of KRW 13,200,000 from the Defendant. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff was awarded a contract for the said additional construction works in addition to the instant construction works, and there is no other evidence to acknowledge it otherwise.

The plaintiff's assertion on this part is without merit.

2. As to the judgment of the defendant's assertion, the defendant alleged that the defect occurred in the house owned by the defendant due to the plaintiff's improper construction. However, the evidence submitted by the defendant alone is insufficient to recognize that the defect occurred, and there is no other evidence to acknowledge the defect.

The defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition and the remaining claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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