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(영문) 서울북부지방법원 2019.01.24 2017나37780

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The defendant is the owner of Jung-gu Seoul Metropolitan Government Creho Lake D (hereinafter "the housing of this case"), and the plaintiff is a person who runs a construction business, such as shower, Changho production, construction, and interior.

B. On July 12, 2014, in order to repair the instant housing by obtaining a loan from a financial institution in accordance with the Seoul Special Metropolitan City Housing Energy Efficiency Project, the Defendant concluded a construction contract with the Plaintiff at KRW 12,500,00 with the content of the instant construction contract (hereinafter “the instant construction contract”) and filed an application with the Seoul Special Metropolitan City for approval of the loan for the Housing Energy Efficiency Project, along with the instant construction contract, etc.

C. From July 17, 2014 to August 2014, 2014, the Plaintiff is a synthetic resin made of the combination of large quantities of the above three kinds of body, which is generally made easy to process and have high external shockness, and high heat resistance is good. The Plaintiff is a synthetic resin made of the combination of large quantities of the above three kinds of body.

Along with the construction cost of this case, the Plaintiff submitted Gap evidence No. 1 as a statement of construction cost. However, the above statement is unilaterally prepared by the Plaintiff, and the total construction cost of each item is different from 12,50,000 won under the construction contract of this case. Thus, it is difficult to believe that the construction cost of each item stated in the above statement is 12,50,000 won.

Accordingly, it is recognized that the Plaintiff was executed on the basis of the entries in Gap evidence 3-2, 3, and 4 (Receipt, Statement of Transactions, and Statement) submitted by the Plaintiff to prove the details of the construction work actually executed in relation to the instant construction project and the amount thereof.