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(영문) 서울남부지방법원 2018.08.16 2017가단210222
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion as to the cause of the Plaintiff’s claim was agreed to separately receive KRW 10,40,000 for additional construction cost on November 2, 201 of the same year and completed the construction work on or around December 12 of the same year, but the Defendant completed the first construction cost of KRW 270,00,000 for additional construction cost, KRW 10,000 for additional construction cost, KRW 10,000 for additional construction cost, KRW 10,40,000 for additional construction cost, KRW 8,000 for additional construction cost, KRW 10,40,000 for additional construction cost, KRW 10,000 for additional construction cost, KRW 270,000 for additional construction cost, KRW 10,40,000 for additional construction cost, KRW 10,000 for replacement cost, and KRW 27,40,000,000 for additional construction cost.

B. Although the Defendant asserted that the construction contract was entered into with Nonparty E on the instant building, the Defendant did not conclude any contract with the Plaintiff.

In addition, E does not complete the above construction work within the construction period and there are many defects.

Therefore, the defendant is not obligated to pay the unpaid construction cost to the plaintiff.

2. First of all, the evidence submitted by the Plaintiff, including the health unit and evidence Nos. 1 through 8, is insufficient to recognize the existence of the fact that the Plaintiff entered into a contract for the interior of the building of this case with the Defendant.

Rather, when comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 and 2, the Defendant concluded a contract for the interior construction of the instant building between Nonparty E and Nonparty E, and the Plaintiff was put into the construction site of the instant building by E.

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