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(영문) 수원지방법원 2016.05.19 2015나20398

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of arguments and arguments as to the claim for construction cost, Gap evidence Nos. 1 through 3, Gap evidence Nos. 4-1 through 9, the plaintiff is an indoor building company, and on April 15, 2014, the plaintiff entered into a construction contract with the defendant for construction work with the fourth floor "C" units of the building located in Ansan-si, A (hereinafter "the store in this case") with the construction cost of KRW 40,000,00 (hereinafter "the contract in this case"), and completed the construction in this case, and the plaintiff was paid KRW 36,00,000,000 among the construction cost in this case by the defendant, barring any other special circumstances, the defendant is obligated to pay the plaintiff the construction cost of KRW 4,00,000,000,000 and damages for delay.

[The defendant alleged that the plaintiff did not complete the construction of this case, and according to the statements or images in the evidence Nos. 1, 2, 3-1, 3-2, 3-1 through 6, 4-1 through 7 of the evidence No. 4-1, 5, and 5 of the evidence Nos. 2-2, the defendant can be recognized that the defendant bears a separate expense after the plaintiff completed the construction of this case and carries out the construction of an additional interior works for the store of this case. However, in light of the above evidence, since the plaintiff did not complete the construction of this case, the defendant would not complete the construction of this case, and rather perform the construction of an additional interior works for the above additional needs, the defendant's above argument is without merit.

Comprehensively taking account of the overall purport (including the absence of any dispute) of the arguments in the written evidence Nos. 1 and 2 as to the claim for value-added tax, a written estimate made as of April 14, 2014 in relation to the instant construction project.