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(영문) 부산지방법원 2020.06.11 2018가단11752

인테리어비용

Text

1. The Defendant’s KRW 65,300,000 as well as 15% per annum from September 13, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the husband of E, who runs indoor interior artificial fishery business, with the trade name of “D,” and the Defendant is a person who runs an entertainment tavern business under the trade name of “F.”

B. On August 21, 2017, the Plaintiff concluded a contract with the Defendant for the construction of the first underground floor and the second floor of the building located in Busan Shipping Daegu G (hereinafter “instant building”) located in Busan, and carried out the construction until September 2017 (hereinafter “instant construction”). On October 17, 2017, the Plaintiff sent to the Defendant a detailed statement of the construction cost that stated the total amount of the construction cost of KRW 248,240,000 as mobile phone text messages as the mobile phone text messages.

C. After that, around October 23, 2017, the Plaintiff entered into a contract with the Defendant for the additional interior works on the instant building (hereinafter “instant additional construction”) and continued the construction until October 27, 2017. On October 29, 2017, the Plaintiff issued a written estimate stating the instant additional construction cost of KRW 27,210,000 to the Defendant.

From August 21, 2017 to October 201, 2017, the Defendant paid the Plaintiff KRW 232,000,000 in total to the instant construction and additional construction cost via the account in the name of E, and the Plaintiff issued a tax invoice stating the supply price of KRW 210,000,000, value-added tax 21,000,000 to the Defendant around January 2018 in the name of E.

[Ground of recognition] Facts without dispute, Gap's entries or images, and the purport of the whole pleadings, as stated in Gap's Evidence Nos. 1, 2, 3, 5, 8 through 13, 15, 16, and 18 (including separate numbers)

2. Judgment on the plaintiff's claim

A. The plaintiff 1, the plaintiff 200,000 won out of the construction cost of this case 248,240,000 won and the additional construction cost of this case 27,210,000 won up to now, and value-added tax on the construction cost of this case and the additional construction cost of this case 21,900.