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(영문) 대구지방법원포항지원 2015.08.13 2015가단1886
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, on December 30, 2013, ordered from Jinjin Construction Co., Ltd. on an order issued by Jinjin Construction Co., Ltd. on December 30, 2013, set the construction period from February 19, 2013 to December 31, 2013, and subcontracted the construction price of KRW 897 million to the Plaintiff.

(No. B. 1) Judgment on the cause of action

A. The Defendant asserted that the construction cost of this case was set on the basis of eight months of the retention period of the twit file (referring to the trawet, trawet, and tweet for tweet, soil straw, etc.).

However, while executing the instant construction, the Plaintiff leased and used the file from A and NISethyl for about 10 months.

Therefore, the defendant is obligated to pay 65,035,158 won to the plaintiff for expenses corresponding to the part that the plaintiff used the file for more than eight months.

B. The Plaintiff submitted a weekly meeting minutes (Evidence A 4) as evidence to acknowledge that the retention period of the prote file was eight months and that the construction cost of the instant case was determined.

However, in light of the fact that there is no name of the participant and no signature and seal of the participant, it is difficult to see that a meeting, such as the day minutes, has been held.

In addition to this point and the fact that the construction period of this case exceeds 10 months, it is insufficient to recognize that the record of Gap evidence No. 4 alone set the period to retain the file of this case for eight months, and there is no other evidence to acknowledge it.

Even if the retention period of the trial file was eight months and the construction price of this case was determined, the Plaintiff’s leased and used the trial file from A and NISethyl for more than two months, and the use price of the trial file corresponding to the excess period is 65,035,158.

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