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(영문) 전주지방법원 2019.05.10 2018나7705

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 Plaintiff is a person who engages in wholesale and retail business of electrical appliances, such as lighting fixtures, with the trade name of “C,” and the Defendant, as the owner of the building, ordered the Plaintiff to undertake electrical construction among the new construction and extension works of detached houses located in D (hereinafter “instant building”) located in Jung-gu, Jung-gu, Seoul (hereinafter “instant construction”).

B. After performing the instant construction project, the Plaintiff: (a) drafted a written estimate demanding payment of KRW 7,752,50 on May 29, 2017 (i.e., KRW 1,730,50 for interior construction cost of KRW 5,100 for the total amount of KRW 5,100 for the total amount of KRW 242,00 for the total amount of KRW 170,000 for the total amount of KRW 242,00 for the total amount of KRW 5,

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap evidence 2 (including a paper number; hereinafter the same shall apply), and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff entered into a contract with the Defendant and completed the instant construction work, and the Defendant is obligated to pay the Plaintiff the construction cost of KRW 7,752,500 and the damages for delay.

B. The Plaintiff filed a claim for the payment of the construction cost by unfairly cutting down the fact that the Plaintiff did not conclude the contract by specifying the construction cost in this case between the Plaintiff and the Defendant. The reasonable payment of the construction cost is KRW 2,272,464 (i.e., KRW 653,00 indoor construction cost of KRW 1,377,464 in an indoor construction cost of KRW 1,377,464 in an indoor construction cost of KRW 242,00 in an indoor construction cost of KRW 653,00 in an indoor construction cost). Since the Plaintiff failed to complete construction work, such as electric power distribution, the damages

3. Determination

A. As seen earlier, the Plaintiff appears to have completed the instant construction work without setting the contract amount in around 2015, and the Defendant still requested the Defendant to pay the construction cost by preparing a written estimate on May 29, 2017, after performing the instant construction work after being awarded a contract from the Defendant, without setting the contract amount. As such, the Plaintiff appears to have completed the instant construction work.