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(영문) 수원지방법원 여주지원 2018.07.19 2017가단53861

기타(금전)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 25, 2017, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the content that the removal of the floor, ceiling, part walls, etc. of the pentashion building, the replacement and installation of equipment and lighting such as boiler pipes, electric wells, flood control, etc. and lighting, the installation of a swimming pool outside the building, printing outside the building, and the construction of outside painting, etc. (hereinafter “instant construction”). As regards the “this case’s construction,” the Plaintiff entered into a contract with the Defendant B Co., Ltd. (hereinafter “instant contract”). < Amended by Act No. 1300, May 10, 2017; Act No. 14835, Jun. 30, 2017>

The contract of this case contains the following descriptions concerning the payment method of the price, cancellation and termination of the contract of this case, compensation for damages, etc.

B. Pursuant to the instant contract, the Plaintiff paid the Defendant Company KRW 13 million totaling KRW 16 million as the down payment on April 25, 2017; KRW 26 million as the down payment on May 15, 2017; KRW 26 million as the intermediate payment on May 24, 2017; KRW 26 million as the intermediate payment on June 16, 2017; KRW 5 million as part of the intermediate payment on July 3, 2017; and KRW 4 million as part of the intermediate payment on July 3, 2017; and the Defendant Company paid KRW 10 million as part of the intermediate payment on July 7, 2017.

다. 원고와 피고 회사는 2017. 5. 하순경 방음, 단열, 상수도 인입, 새시(샷시), 가전 및 가구 등에 관한 추가공사(이하 ‘이 사건 추가공사’라 한다)를 대금 2,000만 원에 시행하고, 위 추가공사로 인해 공사기간을 2017. 7. 25.경 내지 2017. 7. 29.경까지로 연장하기로 합의하였고, 이에 따라 피고 회사는 이 사건 추가공사 중 일부 방음 공사를 시행하였다. 라.

The plaintiff was requested from the defendant company to pay the third intermediate payment of KRW 26 million and the additional work, but 1.0 million out of the third intermediate payment of KRW 26 million.