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(영문) 인천지방법원 2016.09.27 2015가단40400
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Defendant concluded each construction contract between the Plaintiff and the Plaintiff, setting the construction cost of KRW 50,622,500, and the additional construction cost of KRW 5,000,00 with respect to remodeling work for the housing located in Jongno-gu Seoul Metropolitan Government D (hereinafter “instant housing”).

(hereinafter “Plaintiff’s assertion construction work”). The Plaintiff received only KRW 30,00,000 from the Defendant even after completing the said construction work and delivered the said house on November 2012, and did not receive the remainder of KRW 25,622,500 (=55,622,500-30,000). As such, the Defendant is liable to pay the said construction payment and delay damages to the Plaintiff.

2. We examine the following circumstances, which can be recognized by comprehensively taking account of the entries in Gap evidence No. 6, Eul evidence No. 2, and Eul evidence No. 2, and the purport of the whole pleadings, i.e., the plaintiff, under the name of non-party E, his father of the defendant, and Non-party F, the defendant's father of the defendant, was ordered to prepare a contract for the facility and damp-style construction of the housing of this case in the name of the defendant, who is son, but the actual contracting party seems to be the plaintiff and F, ② the plaintiff, who is not the above E, is seeking a direct payment of the construction cost under the premise that he is the party to the contract. ③ The plaintiff against the above F, "the contract for the construction of the plaintiff's assertion is concluded between the plaintiff and the F, and F did not pay KRW 25,62,500 in relation to the above construction work." The Incheon District Court submitted a lawsuit to the Corporation for the payment of the unpaid construction cost as the same amount as the plaintiff's claim to the plaintiff.

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