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(영문) 부산지방법원 2018.04.19 2017나45919 (1)
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. Determination as to the cause of claim

A. In addition to the statements of Gap evidence Nos. 1 through 7 (including branch numbers for those with additional numbers) and the testimony of the witness C of the first instance trial, the following facts are recognized:

1) The Plaintiff is a company established for the purpose of interior construction and decoration business, and the Defendant is a company established for the purpose of clothing sales business. 2) In concluding a franchise contract with D Co., Ltd. (hereinafter “D”) which is a company specializing in clothing distribution, the Defendant delegated D with the authority to conclude the interior interior interior interior interior interior interior interior design as required by D, and agreed that the construction cost should be borne by D.

3) On April 25, 2013, the Plaintiff, who was in exclusive charge of DNA agency’s interior interior interior decoration, requested D to conduct the Defendant’s agency’s visit and delivered a written estimate of 51 million won (value added tax separate) to the Defendant via D on April 25, 2013. (4) When the Plaintiff continued to be dissatisfied with the Defendant that the construction amount would be high from the Defendant even during the process of performing the said interior decoration work, the Plaintiff agreed upon the final agreement of 48 million won (value added tax separate) as a result of the agreement on the construction amount at the location in which D-related persons and the Defendant were present after the completion of the said construction work.

5) On June 3, 2013, after completion of the foregoing interior work, the Plaintiff issued a tax invoice of KRW 5,280,000,000,000,000 for the Defendant’s construction cost of KRW 48 million and value-added tax of KRW 4.8 million. 6) The Plaintiff issued from the Defendant a tax invoice of KRW 25 million on May 13, 2013, and the same year.

8. A total of KRW 45 million, including KRW 20 million, was received as construction cost.

B. Therefore, the Defendant’s remaining construction cost amounting to KRW 7,800,000 (52,800,000- 45,000,000) as the remainder of the construction cost, and the Plaintiff’s claim as to the promotion of litigation from June 4, 2013 to September 28, 2016, the delivery date of a copy of the instant complaint, which is 5% per annum under the Civil Act, and 5% from the following day to the date of full payment.

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