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(영문) 인천지방법원 2018.04.26 2017나66711

공사대금

Text

1. The plaintiff's appeal against the defendants and the main claim added in the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Plaintiff, with the trade name of “F”, carried out the interior work, etc., and the Defendants, as married couple, jointly operated the laundry with the trade name of “G” from No. 102, No. 102, No. 29.64, supra.

B. On June 1, 2016, a fire occurred due to mechanical factors in the said laundry, and damage was inflicted on the laundry and the laundry rooms, phrases stores, and licensed real estate agents’ offices (hereinafter “affiliated stores”) which are the said laundry and adjacent stores, and the said laundry office is referred to as “the instant stores.”

C. On June 14, 2016, the Defendants concluded a contract with the Plaintiff between the Plaintiff and the Defendants for the interior repair work for the instant stores (hereinafter “instant construction work”).

From June 15, 2016, the Plaintiff undertaken the instant construction work and completed the said construction work on July 6, 2016.

The Defendants paid the Plaintiff KRW 60,00,000,000 as the instant construction cost on June 14, 2016, KRW 20,000 on June 20, 2016, KRW 14,000,000 on July 15, 2016, and KRW 20,000 on September 20, 2016, and KRW 60,000 on a total of at least 20,000,000 on September 12, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 5, video of Gap evidence 4, testimony of Gap witness E of the first instance court, purport of whole pleadings

2. Judgment as to the main claim

A. The Defendants asserted that the Plaintiff agreed to pay the instant construction cost as KRW 92,895,00 between the Plaintiff and the Plaintiff at the time of the instant construction contract. As such, the Defendants jointly and severally liable to pay the Plaintiff the remainder of the construction cost (i.e., the said KRW 92,895,000 (= the said KRW 92,895,000) and damages for delay.

B. According to the evidence evidence No. 1 written by the Plaintiff, the fact that: (a) the Plaintiff written KRW 92,895,000 as the sum of the construction cost in the instant written estimates from June 27, 2016 and June 29, 2016 (i) KRW 25,685,000, 21,910,000, 20,610,000, 20,000, 21,610,000, 21,530,000, 3,160,000, in the Licensed Real Estate Agent’s Office is recognized.

However, there is no dispute.