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(영문) 대전지방법원 2015.09.25 2015나100691

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. Basic facts

A. On June 26, 2013, the Plaintiff entered into a contract with the Defendant for civil engineering works on the land of Seosan-si E (hereinafter “instant land”). At the time, the Plaintiff and the Defendant did not prepare a separate contract form with the Plaintiff.

B. After completion of the above civil engineering work, the Plaintiff newly constructed two units of light steel-framed structure, one body, and two facilities for storage and treatment of dangerous substances on the ground of the instant land, and completed the registration of each ownership preservation under the name of the Defendant on January 6, 2014. In the process, the Defendant borrowed clicker, clicker, etc. from the Plaintiff, or purchased and used clicks and subsidiary materials through the Plaintiff, and the Plaintiff claimed KRW 52,043,310 in total with the rental cost of KRW 27,930,00 and KRW 16,091,810 with the aggregate rental cost of KRW 16,01,810 with the aggregate rental cost of KRW 16,021,50 with the aggregate of KRW 52,043,310.

C. On June 29, 2013, the Defendant paid to the Plaintiff KRW 58,00,000,000, and KRW 10,000,000 on October 1, 2013, and KRW 20,000,000 on November 20, 2013, and KRW 10,000 on December 3, 2013.

On December 30, 2013, the Defendant drafted and delivered to the Plaintiff a letter of commitment for the payment of the construction cost as follows (hereinafter “each of the instant forms”).

The name of the construction work: The contract amount of the LPG storage, warehouse and office (Slsan City E): The daily Government of KRW 100,000,000 (Won 100,000): the construction period on June 2013: the construction period on December 2013: the daily Government of KRW 100,000 (Won 100,000,000) (Won 100,000): the principal promises to pay the payment of KRW 100,000 (Won 100,000) for the said construction by February 28, 2014, and if not, he/she agrees to sell or transfer the said facilities to A, and does not raise any objection thereto.

E. On February 11, 2014, the date for the payment of the construction cost based on the instant written statement, the Defendant’s sales contract for LPG licensing (hereinafter “PG licensing sales contract”) with the following contents.