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(영문) 수원지방법원 2017.09.14 2016나18194

공사대금

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. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry or video set forth in Gap evidence 1 to 4 (including each number in case of serial numbers):

The Plaintiff is an individual entrepreneur who conducts interior interior interior decoration business, and the Defendant is a building management agent E Co., Ltd. (hereinafter referred to as “E”, and even if the name of another company is stated, the entry of “stock company” is omitted) and D’s representative director, who is a real estate sale and lease business entity.

B. On February 1, 2014, the Plaintiff entered into a contract with the Defendant for construction works with respect to interior interior interior interior interior interior interior interior interior interior interior interior interior interior works (hereinafter “instant interior works”) of the building 219 through 222 in order to be used as E’s office and D’s office (hereinafter “the instant interior interior works”). On February 13, 2014, the Plaintiff started removal works of existing facilities, etc. and completed the instant interior interior works until May 2014.

C. At the time of the commencement of the instant interior work, the Plaintiff submitted a written estimate stating the construction amount of KRW 4,402,766 to the Defendant around February 28, 2014 upon receipt of a verbal request from the Defendant for the elevator interior work of the FMM (hereinafter “instant elevator interior work,” and “each of the instant interior works,” in addition to the instant interior work, and completed the instant elevator interior work by May 2014.

The Defendant paid the Plaintiff KRW 60,00,000,000 in total, including the construction cost of each of the instant construction costs, KRW 40,000,000 on February 18, 2014, and KRW 20,000 on March 1, 2014.

2. Summary of the parties' arguments;

A. The Plaintiff agreed with the Defendant to be paid the construction cost plus KRW 10,000,000 as the construction cost in addition to the case cost, with respect to the instant interior works. As to the instant elevator interior works, the Plaintiff agreed to receive KRW 4,402,766 as the construction cost, and thereafter, the Plaintiff agreed to receive KRW 4,402,766 as the construction cost.