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(영문) 창원지방법원진주지원 2017.07.07 2016가단33345
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2015, Sorax Co., Ltd. (hereinafter “ Sorax”) contracted a new construction work from Sacheon-si, E ground-based solar power plant (703.95KW solar power plant) from C (hereinafter “C”). On January 6, 2016, the Plaintiff subcontracted the construction work out of the floor of the said new construction work to the Plaintiff.

B. The defendant is the only director of C, who is the representative.

[Ground of recognition] Facts without dispute, Gap evidence No. 4, Eul evidence No. 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion concluded a construction contract with the Defendant on March 20, 2016 regarding surrounding facilities at the construction site, such as the foundation and civil engineering work that the Plaintiff had been subcontracted from the Soraxx, separate from the foundation and civil engineering work that the Plaintiff had been going into operation. ① the above patrol route, construction work, packing work, ② the front part of the front part of the dog breeding ground, ② concrete packing work, ③ the string of the front part of the rackter and the office, ④ the string of the rackter and concrete string, ④ the electric cable stuff and string, ④ the string of law, ⑤ the construction work for each construction work completed, and the Defendant paid the Plaintiff a total of KRW 18,414,250 as well as damages for delay.

B. In full view of the records of evidence No. 3, evidence No. 1-5, evidence No. 1-5, evidence No. 5, evidence No. 1-5, evidence No. 5, evidence No. 5, and the overall purport of the pleadings and arguments with respect to the F-powered Power Plant Construction site, the Plaintiff’s construction of the F-Power Power Station at the construction site of the F-Power Power Station, including ① the construction of the above patrol route, the construction of the front part of the front part of the Round, concrete packaging, ③ Roberter and the office, ④ the pool Stockpiling of the front part of the Rabter and the office, ④ the construction of the electric wires, ④ the construction of the electric wires, ⑤ the legal aspect, ⑤ the construction of the upper part of the body, but the testimony of the witness G alone between the Plaintiff and the Defendant as to each of the above construction works.

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