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(영문) 춘천지방법원 2019.06.11 2018가단5747
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Comprehensively taking account of the absence of dispute between the parties or the overall purport of evidence Nos. 1, 3, and 4 and the argument, the Plaintiff entered into a contract with the Defendant and D for the construction cost of KRW 5,3470,000,000 and KRW 5,3470,00 from September 21, 2017 to September 12, 2018; the Plaintiff completed the instant construction work on October 2, 2018; the Plaintiff entered into a contract with D with D for the construction cost of KRW 510,94,00, and the construction period of KRW 94,650,00, and KRW 94,00 from October 21, 2018 (hereinafter “instant construction cost”); the Defendant agreed to make the remainder payment to the Plaintiff as KRW 94,650,955 (hereinafter “instant agreement”); the Defendant agreed to make an additional settlement of the construction cost of KRW 94,505,000 to the Plaintiff.

After the settlement agreement of this case, the plaintiff asserts that the defendant should pay KRW 35 million to F (G company) at the defendant's request, so the defendant should pay KRW 1,785,00 equivalent to 51% of the defendant's share of joint contract among the additional construction costs.

However, the evidence Nos. 3 and 5 alone agreed that the Plaintiff will pay KRW 35 million to F.

It is insufficient to recognize that the above service cost is an additional construction cost to be included in the instant construction project, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is not accepted.

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