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(영문) 부산지방법원 2016.09.29 2015가단71470
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 20, 2014, the Plaintiff received a contract from the Defendant by setting the construction cost of KRW 118,800,000 (including value-added tax) and the construction period from December 20, 2014 to February 20, 2015, among the new construction works in Busan-gu C (hereinafter “instant construction work”).

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. On January 2015, the Plaintiff asserted that the Defendant’s on-site agent D and manager of the instant construction work, and the Plaintiff concluded an additional construction contract with the amount of KRW 3979,00 for the additional construction work of YY and YYY, and completed the said additional construction work on March 24, 2015, the Defendant is obliged to pay the Plaintiff KRW 39,79,000 for the additional construction work.

In this regard, the defendant asserts that there is no contract for additional construction works other than the plaintiff of this case.

In light of the fact that there is no contract for the additional construction works in addition to the instant construction works, and that there is no specific confirmation of D or E that the Plaintiff entered into the additional construction contract with the Plaintiff, it is insufficient to recognize that the Plaintiff and the Defendant entered into a contract for the additional construction works in addition to the instant construction works only with the descriptions of Nos. 1, 2, 4, 5, and evidence Nos. 6-1 through 6.

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

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