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(영문) 창원지방법원 2019.02.21 2018나2831
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. The fact that there is no dispute over the cause of the claim, the entries in the evidence Nos. 1 and 2, and the purport of the whole pleadings, that the defendant requested the plaintiff to implement a remodeling project to convert part of the defendant's brokerage office into a coffee shop. Accordingly, the plaintiff requested the plaintiff to implement the said construction project from August 30, 2017 to September 15, 2017; the fact that the construction cost, such as material cost, personnel cost, etc. required for the said construction project, was 670,00 won; the plaintiff demanded the defendant to pay the construction cost of 670,000 won on October 10, 2017; and thereafter, the fact that the plaintiff agreed with the defendant to pay the construction price of 6.5 million won.

Therefore, the Defendant shall pay the Plaintiff the construction cost of KRW 6.5 million and the delay damages, unless there are special circumstances.

2. The defendant's argument on the defendant's assertion argues that since the plaintiff claimed excessive or false materials costs and the defendant's office glass was damaged, the plaintiff cannot pay the construction cost claimed by the plaintiff.

However, it is difficult to recognize that the Plaintiff filed a false or excessive claim for construction cost in light of the following circumstances, which are acknowledged by the respective descriptions of evidence Nos. 1, 2, and 1 through 5 and the purport of the entire pleadings: (a) the Plaintiff asserted that the Defendant continued to perform additional construction works or returned the figures on personal grounds, and that the construction cost has increased; (b) the details of the construction performed are specifically explained by each item; (c) the Defendant received an estimate of KRW 8,797,500 for the said construction works from other companies before requesting the Plaintiff; and (d) agreed on the construction amount of KRW 6,700,000 for the said construction works; and (e) based thereon, the Plaintiff concluded a contract for KRW 5,90,000 for the said construction works.

In addition, the evidence presented by the defendant alone is insufficient to recognize the facts of the defendant's assertion, and there is no other evidence to recognize it.

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