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(영문) 서울남부지방법원 2014.07.24 2013나6549

공사대금

Text

1. Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim expanded in the trial, shall be amended as follows.

Reasons

1. The parties' assertion

A. On September 2, 2011, the Plaintiff introduced the Defendant through C, and concluded a construction contract between the Defendant and the Plaintiff for the construction work of installing singing, singing, singing, and attached stuffs (hereinafter “construction work of this case”) in Gangseo-gu Seoul Metropolitan Government D Apartment 102 Dong 1206 (hereinafter “instant apartment”), which is owned by the Defendant, on several occasions. The Plaintiff concluded a construction contract that is expected to exceed KRW 10,00,000 and that the construction cost should be calculated as accurate after the completion of construction work.

The plaintiff from September 6, 2011 to the same year

9. The Defendant did not pay the construction cost of KRW 16,367,410 (the appraised amount in the first instance trial) even after completing the instant construction work by 18.1.

B. The Defendant asserts that, around August 201, 201, the Defendant merely concluded a Rotterdam construction contract with C, a construction business operator, by setting approximately KRW 40,00,00,00, including the instant construction cost, including the instant lacing, and that the Plaintiff did not conclude the construction contract, and thus, the Plaintiff cannot accept the Plaintiff’s request.

2. Determination

A. In full view of the overall purport of the pleadings as to whether the instant apartment construction contract was concluded between the Plaintiff and the Defendant, Gap evidence Nos. 1, 3-2 (Evidence Nos. 9, 33, 7, 10, and 25 through 28, Gap’s evidence Nos. 1, 3-2 (Evidence No. 9, 33; hereinafter the same shall apply), Gap’s evidence No. 7, and Eul’s evidence Nos. 25 through 28, the Defendant consulted with the constructor, around August 2011, about the scope and contents of the instant apartment construction (hereinafter “the instant artificial complex construction”), and agreed to calculate the construction price from August 22, 201 to August 21, 201, < Amended by Presidential Decree No. 23507, Aug. 19, 201; Presidential Decree No. 22650, Aug. 22, 2011>