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(영문) 창원지방법원 통영지원 2018.10.11 2017가합11243
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On July 30, 2014, the Plaintiff entered into a contract with the Defendant to pay the construction cost of the new construction work of the ground accommodation C in a fixed period of KRW 1,280,000 with respect to the new construction work of the ground accommodation C.

B. Accordingly, the Plaintiff completed the said accommodation, and delivered it to the Defendant on September 18, 2014, and the Defendant completed the registration of ownership preservation on the said accommodation facilities as the Changwon District District Court’s grace office No. 52579, Sept. 18, 2014.

C. However, since the Defendant paid only KRW 980,985,00 among the above construction costs, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 299,015,00 (=the above KRW 1,280,000,000 – the above KRW 980,985,000) and the delay damages therefrom.

2. Determination as to the cause of action

A. In full view of the entries in Gap evidence No. 1 and the results of appraiser D's appraisal, the fact that the plaintiff affixed the defendant's seal on the contract document (Evidence No. 1) prepared between the defendant and the defendant, and accordingly, the authenticity of the contract document is presumed to have been established.

B. However, in light of the following facts or circumstances, the parties to a contract for construction works with the Defendant appear to be E, not the Plaintiff, rather than the Plaintiff, and it is difficult to recognize that the Plaintiff entered into a contract for construction works with the Plaintiff solely on the evidence Nos. 1, 2, 4, 9, and 13.

Ultimately, the Plaintiff’s claim of this case is without merit.

① The Defendant did not enter into a contract for new construction of accommodation facilities with the Plaintiff and the Defendant merely entered into the said contract with E with the construction cost of KRW 950,00,000,000, and the contract document submitted by the Plaintiff (Evidence A (Evidence 1) to the Plaintiff is prepared for loan application. The Defendant’s construction date on July 30, 2013; the completion date on December 31, 2013; the completion date on December 31, 2013; the construction cost of KRW 950,00.

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