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(영문) 의정부지방법원 2018.08.22 2018가단100380
광고물제작 대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff concluded five advertising material production contracts with the Defendant as indicated in the table of accounts receivable receivable (hereinafter “the accounts receivable list”) and completed the construction, and the Defendant did not pay the total amount of KRW 5,960,000,000 to the Defendant. Therefore, the Plaintiff asserts that the Defendant sought money from the Defendant.

According to the overall purport of the arguments and evidence Nos. 3, 4, 7, 8, 9, and 1 through 4, the construction contract was entered into between the original defendant and the original defendant 1 through No. 1 through No. 4, and the Plaintiff appears to have completed the construction work. However, in this case, not only was a contract agreement between the original defendant and the original defendant setting the construction cost, etc. under the construction contract, but also did not file an application for appraisal and verification, each statement of evidence Nos. 2 through 10, 12, and 13 submitted by the Plaintiff was set the construction cost between the original defendant as shown in the statement of accounts receivable.

It is difficult to readily conclude that the construction work corresponding to the amount has been completed, and there is no other evidence to acknowledge it, and thus, the claim against the outstanding amount 1 to 4 is rejected.

Next, it is insufficient to recognize that the Plaintiff completed the construction contract by concluding the above Nos. 11 and 12 on the assertion of the outstanding amount in Nos. 5 of the outstanding amount in the No. 5 of the outstanding amount list between the Plaintiff and the original Defendant by concluding the construction contract in No. 5 of the above No. 5, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is rejected as it is without merit, and it is so decided as per Disposition.

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