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(영문) 수원지방법원성남지원 2019.02.15 2017가단228051
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. From August 2016 to October 2016, the Plaintiff asserted, the Defendant received payment from the Defendant for the construction cost of KRW 90 million for the basic civil engineering works for the creation of the industrial complex (hereinafter “instant civil engineering works”) from the Chungcheong-gun C Co., Ltd. (hereinafter “instant site”). Since the Plaintiff did not receive the construction cost of KRW 67 million from the Defendant, the Defendant is obligated to pay the Plaintiff the said KRW 67 million and damages for delay.

B. We examine the judgment: (a) the Plaintiff performed the instant civil works on the instant site from August 2016 to October 2016; (b) the Plaintiff was paid a total of KRW 23 million from Nonparty D, who aided the Defendant’s work, around September 2016; (c) there is no dispute between the parties; (d) the Plaintiff was awarded a contract for the said construction from the Defendant; (e) there is insufficient evidence to acknowledge that the entries in the evidence Nos. 2 to 9 alone are insufficient; and (e) there is no other evidence to acknowledge otherwise; and (e) comprehensively taking account of the overall purport of arguments in the evidence Nos. 6 and Nos. 1 to 3, the Plaintiff tried to arrange a loan of KRW 4 billion from the financial institution as collateral, and (e) tried to create an appearance necessary for raising the lending limit; and (e) the Plaintiff was granted a loan of KRW 200,000 to the Plaintiff and the Plaintiff’s own financial institution as collateral, and (e) did not directly obtain the Plaintiff’s loan of the instant site as collateral.

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