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(영문) 수원지방법원 2017.09.29 2016나11285

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. Basic facts

A. On November 26, 2013, the Plaintiff: (a) concluded a contract with the Defendant for the C Point repair and interior works located D in Silung-si with the cost of construction KRW 67,00,000 (excluding value-added tax); (b) on December 20, 2013, the additional construction works for the performance, etc. of the said C Point glass were determined as KRW 11,00,000 for the construction cost (excluding value-added tax) and received a contract (hereinafter collectively referred to as “the First Corporation”).

(2) The Plaintiff completed the instant construction work around December 27, 2013.

B. On March 26, 2014, the Plaintiff presented a written estimate set at KRW 16,500,000 (value added tax) to the Defendant for the construction work to be removed and restored to the original state, E store removal and restoration to the original state located in Ansan-si, Ansan-si. The Plaintiff was awarded the contract from the Defendant for the said construction work (hereinafter “instant secondary construction”).

(2) The Plaintiff completed the instant construction work around April 8, 2013.

C. On April 26, 2014, the Plaintiff presented a written estimate to the Defendant that set the construction cost of the G frequency of G frequency of GH at Pyeongtaek-si in KRW 1,900,000 (value-added tax separate) to the Defendant, and received the said construction contract from the Defendant (hereinafter “instant 3 construction”), and the said construction was awarded a contract by the Defendant (hereinafter “instant 1 and 2”). In addition to the instant construction works, the Plaintiff is the “each of the instant construction works.”

(2) The Plaintiff completed the instant 3 construction work on the same day.

The Plaintiff was paid KRW 87,00,000 in total on seven occasions from December 4, 2013 to April 24, 2014 as the construction price of the instant case by the Defendant.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 5 (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination:

A. The fact that the Plaintiff received a contract from the Defendant for construction work of KRW 85,800,00 (including value-added tax) for the construction work of this case from the Defendant is examined as to the cause of the Plaintiff’s claim, as seen earlier, and the fact of the above recognition Gap.