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(영문) 서울북부지방법원 2020.06.09 2019나33805

공사대금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence Nos. 3 and 5 and all pleadings:

On December 2, 2016, the Plaintiff and the Defendant concluded a contract for interior works at a certified judicial scrivener office to be used by the Defendant (hereinafter “instant contract”).

B. The Plaintiff completed the office interior work from January 1, 2017 to January 25, 2017, the office interior work located under the C Building D, and the Defendant moved into the above office on January 26, 2017.

C. On January 11, 2017, in the process of the construction project, the Plaintiff sent a written estimate of KRW 55 million to the Defendant. However, the Plaintiff did not determine specific construction cost as to the said construction project between the Plaintiff and the Defendant. The Defendant remitted the Plaintiff KRW 40 million totaling KRW 20 million as the construction cost on January 13, 2017 and February 2, 2017.

On February 3, 2017, the Plaintiff sent a written estimate of construction price of KRW 65.3 million to the Defendant on February 1, 2017, and the Defendant wired KRW 10 million to the Plaintiff on April 6, 2017.

2. The parties' assertion

A. Since the construction cost of the instant contract is KRW 65,30,000,000 as indicated in the written estimate dated February 1, 2017 below, the Defendant shall pay to the Plaintiff the remainder of the construction project amount of KRW 15,30,000 [65,30,000 (the amount received from the Defendant as the construction cost)] and delay damages.

[The construction cost stated in the estimate (Evidence 6) dated 1, 2017 1, 419, 300, 287, 1300, 132, 300, 1052, 350, 605, 4025, 24, 706, 4168, 417, 6600, 300, 307, 3050, 406, 122, 150, 3050, 406, 305, 406, 408, 307, 660, 873, 500, 500, 504, 207, 205, 205, 307, 205, 305, 207, 305, 2004, 207, 2005, 274