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(영문) 서울중앙지방법원 2017.01.20 2016나10727

공사(물품)대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The 1st, 101th, 919.74m2 of the underground floor of the Gangnam-gu Seoul Metropolitan Government C building (hereinafter “instant store”) is a sectionally owned building owned by the Defendant’s representative director D, and is used as E’s studs of the trade name.

B. From November 22, 2013, F, the type of Defendant Representative D’s representative director, determined the construction cost of the room located in the center of the instant store as KRW 49.5 million (including value-added tax) and entrusted the Plaintiff with the installation of the spacker system and the spacker system.

C. The plaintiff was above B.

During the construction of the port, Defendant representative D instructed and supervised the construction work progress of the Plaintiff’s side at the construction site.

D The Plaintiff also demanded additional construction of the rest of rooms, etc. in addition to the room located at the center of the instant store. Accordingly, the Sound System construction related to 1,320,000 won for each room (including value added tax) of the instant store (the second space among the instant stores) was conducted in the amount of KRW 1,32,00,000,000 for each of the instant stores, the cost of the 1,710,000,000 for each of the instant rooms (including value added tax), the cost of the 2,00,000,000 won for each of the electronic sound system construction related to 2,00,000 won for each of the instant stores (including value added tax), and

(hereinafter referred to as the “instant construction,” in total of the above paragraphs (b) and (c) d.

D, the representative director of the Defendant, stated to the effect that the Defendant would pay the construction cost to the employees, including the Plaintiff, while ordering or requiring additional construction works regarding the instant construction works.

E. After completion of the instant construction project, the Plaintiff claimed KRW 77.66 million for total construction cost to the Defendant, and received KRW 62 million from the Defendant.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1, 6, and 8 evidence, testimony of witness G of the first instance court, the purport of the whole pleadings

2. Determination

A. The above facts of recognition are examined.