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(영문) 서울동부지방법원 2020.08.21 2019나21592

공사대금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the construction business with the trade name of “C”, and the Defendant is a person who has awarded a contract to the Plaintiff for the construction of a detached house on the E large scale 956 square meters (hereinafter “instant construction”). The Plaintiff’s father D is a person who performs the overall duties related to the said construction on behalf of the Plaintiff on behalf of the Defendant and his relative.

B. D, upon entering into the instant construction contract with the Defendant on March 2, 2017 (hereinafter “instant contract”), the construction period is from March 2, 2017 to June 30, 2017; the construction cost is KRW 100 million; advance payment is KRW 5 million; the remainder is paid after the completion of the construction; ② the construction period on March 6, 2017 to June 20, 2017 from March 6, 2017 to June 20, 2017; ② the construction cost is KRW 2 million; the remainder of the intermediate payment is to be paid after the completion of the construction; and each of the intermediate payment is to be paid after the completion of the construction (excluding the intermediate payment of KRW 1 million; KRW 1 million; KRW 60 million; KRW 38 million; and the remainder of the intermediate payment of KRW 300,000,000 after completion of the construction work).

C. On August 9, 2017, D, represented by the Plaintiff, changed the construction cost to KRW 12 million between the Defendant and the Defendant on August 30, 2017, and agreed that the Plaintiff shall be legally responsible for the various matters, such as civil engineering works, and shall work in the front and rear stairs and boiler after completion of the construction work (hereinafter “ex post facto agreement”). By the same day, the Defendant paid the Plaintiff KRW 10 million in total to the Plaintiff.

The Plaintiff completed the instant construction work on September 19, 2017, and around September 22, 2017, agreed to the Defendant that “The part of the construction work, which was confirmed to have been received in full the construction cost of KRW 12 million, shall be completed within 15 days and the previous and rear stairs shall be completed within 30 days from the date the Defendant requested.”

E. The Defendant on September 20, 2017