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(영문) 인천지방법원부천지원 2015.05.29 2014가단19419
공사대금
Text

The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 17, 2014, the Plaintiff is a person engaged in interior construction business that specializes in interior interior and remodeling works under the trade name of “C,” and the Defendant acquires the ownership of five-story accommodation and neighborhood living facilities (hereinafter “instant building”) on the ground that the Plaintiff acquired the ownership of the five-story accommodation and neighborhood living facilities (hereinafter “instant building”).

B. On March 21, 2014, the Plaintiff concluded a contract for interior works (hereinafter “instant first contract”) with the Plaintiff for the construction of interior works, such as the bath rooms, remote areas, scamacils, camba, rounding, door, door door, electricity, signboards, etc. of the instant building, which had been used as a telecom with the Defendant on March 21, 2014, with a construction cost of KRW 107,482,200 from March 20, 2014. However, the Plaintiff concluded a contract for interior works (hereinafter “instant first contract”) with the Plaintiff by dividing KRW 10,00,000 by the down payment amount of KRW 20,000 per week from the date of payment of the down payment, and by dividing by the intermediate payment of KRW 27,482,00,000 per week from the date of completion of the construction work.

C. On April 1, 2014, the Plaintiff entered into an additional construction contract with the Defendant for construction of the steel structure, corridor, boiler, stove, and toilet construction cost of KRW 37,984,000, not included in the instant contract (hereinafter “instant contract 2”).

From March 20, 2014, the Plaintiff continued to perform the instant construction works under the instant contracts Nos. 1 and 2 (hereinafter “instant construction works”). From the Defendant, the construction cost of construction KRW 5,00,000 on March 20, 2014; KRW 5,00,000,000 on the following day; and

4. 4. 10,00,000 won, and the total of KRW 48,000,000 on April 12, 1990, respectively, were paid 48,000.

E. On April 20, 2014, the Plaintiff was notified by the Defendant of the discontinuance of the instant construction work, and around that time, suspended the instant construction work.

F. On April 22, 2014, the Defendant concluded a new contract with Nonparty E for the Medical Service, and Nonparty E followed the Plaintiff’s subsequent construction from around that time.

G. The Plaintiff’s discontinuance of the instant construction work from E.

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