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(영문) 대구지방법원 2015.12.23 2015나12633
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. In the first instance court’s trial scope, the Plaintiff claimed for the construction cost for C kindergarten painting work, D D shop room work, E net painting work, F shop shop work, and F shop work. The court of the first instance dismissed the claim for the construction cost for D kindergarten painting work, D shop work, E shop work, and D shop work, and F shop work as part of the claim for construction cost for D shop work.

In this regard, the defendant appealed only the part against the defendant in the judgment of the court of first instance, and the scope of the judgment of this court is limited to the claim for the construction cost of the Fran stamp.

2. In full view of the overall purport of the statements and arguments in Gap evidence Nos. 1-1 and 2-5 as to the cause of the claim, the plaintiff is an individual entrepreneur operating G’s trade name, who is engaged in the construction business, and the defendant is an individual entrepreneur operating H’s trade name. The plaintiff, around May 201, entered the construction work into a contract with the defendant for F Official Seal Works (hereinafter referred to as “instant construction work”) located in the south-gu at Port (hereinafter referred to as “the instant construction work”) with the cost of KRW 20 million, and completed the construction work with the cost of KRW 1.4 million following the following day. The defendant asserted that the additional construction cost of KRW 2 million cannot be recognized, but according to the purport of Gap evidence Nos. 1-1 and 4-1, and each of the above statements and arguments, the plaintiff’s assertion that the additional construction cost of KRW 2,00,000,000 for the instant construction work cannot be acknowledged as having been paid to the plaintiff.

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