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(영문) 서울남부지방법원 2015.07.02 2014가단47928
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. On June 10, 2010, the Plaintiff asserted that the construction was completed after concluding the “E” interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior 101, Yeonsu-gu, Incheon, and sought payment of construction cost of KRW 22,516,200 and delay damages.

As to this, the Defendants asserted that the claim for construction cost of this case was extinguished by the short-term extinctive prescription of three years.

B. In light of the Plaintiff’s assertion, the period of extinctive prescription under Article 163 subparag. 3 of the Civil Act is applied to the claim for the construction cost of this case as a claim for the contracted person’s construction work. The instant construction work was completed on July 10, 2010, and the period of payment for the construction cost is within one week from the date of completion of the construction work. The Plaintiff filed the instant lawsuit only on August 27, 2014, which was more than three years prior to the due date.

C. Therefore, since the Plaintiff’s claim for construction cost of this case had already expired and expired before the filing of the lawsuit, the Defendants’ assertion pointing this out is with merit.

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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