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(영문) 수원지방법원 2018.01.17 2017나3854
노임
Text

1. The defendant's appeal is dismissed.

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

3. Paragraph (2) shall apply to the text of the judgment of the first instance.

Reasons

Comprehensively taking account of the purport of Gap evidence Nos. 1 through 5 (including various numbers), the plaintiff received a request from the defendant for reconstruction from the defendant around July 2014, by changing the colors of outer walls during the construction of a villa in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for reconstruction. Around September 2014, the plaintiff completed the above additional construction work. The plaintiff presented a written estimate stating the construction cost of KRW 10,020,000 to the defendant. The defendant's on-site Director confirmed and signed the written estimate, and the plaintiff received KRW 2,00,000 from the defendant on May 222, 2015 with respect to the above additional construction cost, the defendant is obligated to pay the plaintiff the remaining construction cost of KRW 8,020,000 and damages for delay calculated by the plaintiff on July 16, 2016 to the extent of the duty to pay 15,000,000 per annum from the following day to the date of delivery.

(1) The portion of KRW 250,00 extended from November 17, 2016 to the application form for alteration of the purport of the claim and the cause of the claim can be claimed at the statutory rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the application form for alteration. Nevertheless, the Plaintiff claims damages for delay with respect to the total amount of KRW 8,020,000, including the extended amount, applying the statutory rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day after the delivery of the written complaint to the day when the judgment of the first instance is rendered. Therefore, the Plaintiff’s claim against KRW 8,020,000 is rejected.

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