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(영문) 창원지방법원 2014.12.09 2014가단14606
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s asserted construction subcontracted the construction work of the integrated school construction to the Defendant, and the Defendant re-subcontracted the construction work during the construction work to the Plaintiff on April 2013.

Although the Plaintiff completed the Non-Guidance Construction, it has not received 51,00,000 won for the remainder of the construction cost by receiving only 65,250,000 won as labor cost from the Defendant.

Therefore, the defendant is obligated to pay KRW 51,000,000 to the plaintiff.

2. Determination: (1) The first line of the contract submitted by the Plaintiff with Gap evidence No. 1 includes the phrase “A shall enter into the contract as follows,” and the words “A” is written as the defendant, but the defendant’s seal is not attached to the last part of the contract; (2) the Plaintiff sent to E Co., Ltd. (hereinafter “E”), April 24, 2014, a document evidencing the contents of urging the payment of the unpaid construction cost (Evidence No. 2); (3) the Plaintiff also stated that “the Plaintiff was subcontracted to E,” and (4) the Defendant’s attorney also stated on the first day of pleading No. 1 as “if the unpaid construction cost remains, it shall be liable for Non-Defendant E,” and there is no need for the Defendant’s assertion that the Plaintiff is liable for the said non-subcontract construction work from the representative director who is not the Defendant, and there is no other evidence supporting the Defendant’s debt owed to the Plaintiff.”

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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