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(영문) 광주지방법원 2018.05.09 2017가단20697
공사대금 등
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 21, 2016, the Plaintiff entered into a subcontract with the Defendant on November 21, 2016, setting the amount of construction cost of KRW 31.5 million (including value-added tax) and the period of construction up to March 10, 2017, with 0.3% of the liquidated damages rate of KRW 0.3%.

B. On December 12, 2016, the Plaintiff remitted each of the KRW 2050,000 to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 3, the purport of whole pleading

2. The plaintiff's assertion and judgment

A. The plaintiff paid 22,50,000 won as advance payment to the defendant, but the defendant ordered another company to proceed with construction works at the suspension of construction works. The plaintiff asserts that the claim of this case was caused to seek payment of 20 million won and 12,568,500 won (31.5 million won x 0.3% x 133 days) after deducting the construction cost equivalent to the defendant's advance payment from the advance payment.

B. The written evidence evidence Nos. 2, 4, and 6 alone is insufficient to acknowledge that the remainder after deducting the Defendant’s advanced judgment from the advance payment reaches KRW 20 million, or that the Defendant delayed construction. The Plaintiff’s assertion is without merit, since there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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