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(영문) 인천지방법원 2018.08.16 2017가단259048
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion Defendants are co-owners of forest E-owned land of 421 square meters in Incheon Strengthening-gun.

On May 2014, the Plaintiff received a contract from Defendant D, representing the Defendants, for civil engineering works, such as reinforced soil and retaining walls, for the said forest land, with the construction cost of KRW 225,00,000,00, and for the construction period from May 2014 to August 31, 2014, and completed the instant construction work on August 31, 2014.

Since the Plaintiff did not receive KRW 67,854,00 among the construction cost, the Defendants are obligated to pay each Plaintiff KRW 67,854,000 and delay damages.

B. The Defendants asserted that the instant construction was awarded to G operating “F” and there was no fact that the contract was given to the Plaintiff, and even if not, the statute of limitations for the instant construction payment claim has expired.

2. Determination

A. Comprehensively taking into account whether the Plaintiff was awarded a contract, and the overall purport of the statements and arguments in the Evidence Nos. 3, 4, and 1 and 2 as to whether the contract exists between the Plaintiff and the Defendants, the Defendants may recognize the fact that there exists a written contract between the Defendants and G, the Defendants paid the construction cost to G, the Plaintiff received a total of KRW 107,220,000 from G from May 24, 2014 to July 1, 2014, and received a total of KRW 20,000,000 from Defendant D from July 14, 2014 to July 16, 2014.

In light of these circumstances, Defendant D’s transfer of part of the money to the Plaintiff is merely deemed to be based on the request of G, etc., the contractor, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff was awarded a contract for the instant construction from the Defendants, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’

B. Even if the Plaintiff, as to the completion of the statute of limitations, was assumed to have been awarded a contract for the instant construction works by the Defendants, the instant claim for the construction cost of construction is three years.

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