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(영문) 광주지방법원 2015.08.25 2015가단505019
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The plaintiff is the cause of the claim in this case, and around October 2004 upon the request of the defendant C, the actual owner of the defendant B corporation, and completed the painting construction work from the defendant B corporation to February 2, 2006. The defendant B corporation is the contractor, and the defendant C is jointly liable to pay the above construction cost amounting to KRW 105,192,00.

However, the Plaintiff’s claim is “a claim regarding the construction work of the contractor,” which is a “claim regarding the construction work of the contractor,” and is subject to the three-year short-term extinctive prescription pursuant to Article 163 subparag. 3 of the Civil Act. It is clear in the record that the instant claim was filed on February 25, 2015, which was more than three years from February 2006, the date on which the said construction work was completed, which was the date on which the Plaintiff was the Plaintiff’s

Therefore, the plaintiff's above assertion cannot be accepted without need to further examine the remainder of the issue.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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