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(영문) 대전지방법원 2019.09.05 2019나2146
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff

The main point of the argument is that the defendant does not pay wages to the plaintiff, even though he received a subcontract for the new construction of the D church located in Yongsan-si from the defendant on May 2000 from the defendant on the construction of the D church located in Yongsan-si, and the main point of the argument is that the defendant does not pay wages of 20,700,000 won and damages for delay.

Judgment

According to Gap evidence Nos. 1 through 6, the defendant prepared a written confirmation of overdue wage to the plaintiff as of June 20, 200 that "the delayed wage is KRW 16,175,500,00," and that the plaintiff sent to the defendant on July 21, 2008 that "the plaintiff urged the defendant to pay the construction price and wages KRW 20,70,000,000," but the above evidence alone is insufficient to recognize that the plaintiff and the defendant made a subcontract agreement between the plaintiff and the defendant, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim on a different premise is without merit.

In addition, even if there exists the Plaintiff’s subcontract agreement between the Plaintiff and the Defendant, and even if the overdue wage reaches KRW 20,700,00,000, the Plaintiff brought the instant lawsuit around May 7, 2009, which was more than five years from June 2000 to May 7, 2009, for which the Plaintiff claimed that the construction was completed, and the Plaintiff’s claim is difficult to accept even in this regard, since the period of extinctive prescription has expired.

Therefore, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.

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