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(영문) 대전지방법원홍성지원 2016.10.13 2016가합94
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2014, the Plaintiff received contracts from the Defendant for civil engineering works (hereinafter “instant construction works”) among the new construction works for A ground factories in Kimhae-si (hereinafter “instant construction works”) as the construction period from July 1, 2014 to September 20, 2014; and the contract price of KRW 264 million (including value-added tax).

(hereinafter “instant construction contract”). B.

After that, there was a dispute between the original and the Defendant due to the progress of the instant construction project and the issue of payment of the construction cost, and the Plaintiff suspended the instant construction project around November 2014.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff paid KRW 206,80,000,000, out of KRW 264,000,000, as the Plaintiff had suspended the instant construction around November 2014 and completed the instant construction work on or after December 2014, the Plaintiff claimed that the Plaintiff received KRW 51,40,000,00, out of KRW 264,000,000, as the Defendant paid the remainder of the construction cost (i.e., KRW 264,000,000, KRW 57,200,000,000,000, in the cause of the Plaintiff’s claim. However, on September 20, 2016, the Plaintiff sought payment of KRW 212,60,000,000,000,000,000,000,000 from the preparatory document as of September 20, 2016.

B. The Defendant asserted that the Plaintiff should pay to the Plaintiff. On November 201, 2014, the Defendant terminated the instant construction work after the Plaintiff discontinued the instant construction work, the Defendant directly resumed the construction and completed the instant construction work, and the Plaintiff paid the construction cost in full to the Plaintiff. As such, the Plaintiff’s assertion is without merit.

B. In a judgment 1 contract, the burden of assertion and proof regarding the completion of work is against the contractor seeking the payment of remuneration for the result of work. Therefore, the Plaintiff seeking the payment of remuneration following the completion of the work is related to the completed part of the work.

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