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(영문) 창원지방법원 통영지원 2018.03.22 2017가단25061
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The Plaintiff completed the construction on August 2016 upon receiving a request from the Defendant for the construction of combustion facilities among Class II neighborhood living facilities (hereinafter “instant building”) with two floors of the ground reinforced concrete structure (refinite) and two floors of the instant building (hereinafter “instant building”). The Defendant is obligated to pay KRW 30,525,000 to the Plaintiff for the construction cost of the exhaust gas facilities.

Judgment

Although evidence submitted by the Plaintiff contains evidence Nos. 1 and 2 (Recording), the above evidence alone is insufficient to acknowledge the fact that a contract for the construction of smoke facilities was concluded between the original Defendant, and there is no other evidence to acknowledge it.

Rather, according to the statements in Eul evidence Nos. 1 through 7 (including each number), the defendant is the co-owner of the building of this case and its site, and the contract amount of KRW 2,233,00,000 for the new construction of the building of this case was entered into with D Co., Ltd. on November 5, 2015 and paid the contract amount in full, and the contract amount was included in the construction of the manufacturing facilities claimed by the plaintiff as to the construction of the building of this case. Thus, the defendant is deemed to have entered into a contract for the construction of the manufacturing facilities with the above company which is not the plaintiff.

Therefore, the plaintiff's assertion is without reason to examine further.

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

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