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Reasons
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(영문) 인천지방법원 2016.04.21 2015나13287
공사대금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff is obligated to make a claim for the construction cost from the Defendant for the construction period of B apartment news block and boundary stone (hereinafter “Military Construction”) from October 1, 2013 to November 30, 2013, and make an oral supply of and demand for construction work from the Defendant during the construction period. From October 24, 2013 to December 24, 2013, three or six technical cooperation and co-ordination work were completed. Accordingly, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 13,202,650 (construction wage of KRW 24,50,000 and KRW 3,162,650, deducting the already paid construction cost of KRW 14,460,00 from the payment of the unpaid construction cost of KRW 27,62,650 and KRW 15,00,000, and the Plaintiff is obligated to pay the unpaid construction cost of KRW 10,000 from the Defendant’s apartment construction work to 210,2140.

Therefore, the defendant is obligated to pay the above amount of money to the plaintiff.

B. The Defendant did not enter into a contract for construction work and a labor contract with the Plaintiff, and the F’s representative D awarded a contract for construction work, and thus, the Defendant cannot respond to the Plaintiff’s request.

2. Facts of recognition;

A. The photographs taken by the Plaintiff at the work site, work site, written confirmation and request, receipts, and military circulation construction site were displayed, but there is no evidence to deem that the Defendant entered into a contract for construction works or an employment contract with the Defendant.

(b) there is no disposal document concerning construction contracts or employment contracts;

C. On September 30, 2013, the Defendant concluded a contract with D (F) for military capture construction cost of KRW 295,000,000 (including value-added tax, materials, and materials) and the construction period from October 1, 2013 to November 30, 2013.

[Reasons for Recognition] Evidence Nos. 2 through 8, Evidence No. 1, and the purport of the whole pleadings

3. Determination is made by the Plaintiff and the Defendant.

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