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(영문) 수원지방법원 2015.04.03 2014나21707

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is a corporation that runs the electrical construction business, etc., and the Defendant entered into a contract for the electrical construction of a health club with the Defendant, and completed the electrical construction of each health club (hereinafter “instant electrical construction”) from January 7, 2013 to October 5, 2013, respectively.

The plaintiff and the defendant set the amount of construction orally for the electrical construction of the vice-dong store and the distribution store, and the plaintiff first performed the construction work and submitted a written estimate to the defendant after the completion of construction, the defendant decided to pay the construction cost to the plaintiff.

The Plaintiff received a total of KRW 32,090,000 from the Defendant in the course of executing the instant electrical construction, and calculated the total construction cost of KRW 92,740,00 after the completion of the said electrical construction, and submitted a written estimate to the Defendant. As such, the Defendant is obliged to pay the remainder of the construction cost of KRW 60,650,00 (=92,740,000 - KRW 32,090,000) and damages for delay.

B. The defendant's assertion that the defendant's assertion is from the plaintiff the plaintiff Gap evidence No. 3-1 through a written estimate for the electrical construction of this case

5. The sum total of KRW 95,318,020.

There is no fact that the Plaintiff received, and there is no agreement with the Plaintiff to pay the construction cost of KRW 92,740,000 to the Plaintiff.

The Defendant did not have contracted the instant electrical construction to the Plaintiff, and the Defendant formed a interior team and performed the instant electrical construction by acquiring human resources and materials from the Plaintiff, and only paid daily allowances and material expenses therefrom.

The defendant paid KRW 32,090,000 to the plaintiff and the payable amount remains. Thus, the plaintiff's claim in this case is without merit.

2. Determination

(a)each entry and trial of saves, Gap 3 to 6, 9 to 24, 27 to 31 (including paper numbers).