beta
(영문) 수원지방법원 2018.12.12 2018나61178

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. On May 25, 2017, the Plaintiff asserted that: (a) received a supply of KRW 18,205,00 from the Defendant for the interior interior interior interior interior interior interior interior interior interior interior interior housing (hereinafter “instant housing”) owned by the Defendant and completed construction on June 5, 2017.

(hereinafter “instant construction work”). Therefore, the Defendant is obliged to pay the Plaintiff the construction cost of KRW 18,205,000 and the damages for delay.

2. According to the records in Gap evidence No. 2-1 and No. 3, the defendant's name is indicated in the defendant's name as a person supplied with the construction project of this case according to the estimate of construction project of this case, and the defendant stated the plaintiff as "the construction cost immediately as the house is sold," but it is not sufficient to acknowledge that the above facts of recognition alone concluded the construction contract of this case with the plaintiff and the defendant, and there is no other evidence to acknowledge them.

Rather, each statement of Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 through 3 (including the paper number) added to the overall purport of the pleadings, namely, ① the defendant and non-party D prepared to marry, and supervised and proceeded with the interior work of the house of this case where the non-party E was to be a new divorce, ② the defendant and Eul led the construction of this case, and accordingly, they had the plaintiff to perform the construction of this case. ③ The defendant and D followed the case, ③ The plaintiff did not ask the plaintiff about this case's relationship with the defendant at the time of the currency, and the plaintiff would not be able to ask the plaintiff about this case's "I will not be able to ask about this case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case'.