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(영문) 울산지방법원 2015.02.04 2014가단12934
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The judgment on the cause of the claim in this case was asserted as the cause of the claim in this case, and it was necessary to re-manufacture the Defendant’s 1 tank and the water tank 1 tank (hereinafter collectively referred to as the “instant tank”) in order to install it in the Taean Anthical power plant, but there was a defect different from the design drawing.

On October 2013, the Defendant, while awarding a contract to the Plaintiff for the re-production work of the instant tank, agreed to settle the costs of re-production after the completion of re-production work.

Accordingly, the Plaintiff asserts that, even though the Plaintiff completed the re-production work of the instant tank by bringing KRW 86,540,000 from October 24, 2013 to February 20, 2014, the Defendant did not pay the Plaintiff KRW 86,540,00 for the re-production cost, and that the Defendant sought payment of KRW 86,540,00 for the re-production cost and damages for delay.

The Plaintiff unilaterally prepared each of the items of evidence Nos. 1 and 1 and 2, and thus it is difficult to believe it as it is. The entries of evidence Nos. 3 and 4 alone were defective in the instant tank, and it is insufficient to recognize the fact that the Defendant subcontracted the work to the Plaintiff, and there is no other evidence to acknowledge it otherwise.

Furthermore, it is not sufficient to recognize that the descriptions of Gap evidence 1-2 and Eul evidence 1-2 amount to 86,540,000 won for re-production work costs, and there is no other evidence to acknowledge it, and the plaintiff's assertion is without merit.

2. The plaintiff's claim is dismissed as it is without merit.

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