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(영문) 광주고등법원(전주) 2017.06.22 2016나528
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On April 2013, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant, who entered into an agreement with the Defendant to newly construct a detached house (hereinafter “instant house”) on the ground of the land of the Jeonbuk-gun, Jeonbuk-gun, and received a contract by entering into force as follows:

(1) The date of commencement: April 2013, and the date of completion: 200 million won for the contract amount:

B. 1) The Plaintiff performed the instant housing construction project in accordance with the instant contract, and the Plaintiff was paid KRW 40,000,000 as the construction cost on May 6, 2013, and KRW 40,000,000 on July 12, 2013, and KRW 20,000,000 on September 11, 2013, and KRW 120,000,000 on September 26, 2013. However, the Plaintiff suspended the instant housing construction project on October 2013.

On October 25, 2013, the Defendant sent a content-certified mail stating the cancellation of the instant contract, and reached the Plaintiff around that time, since the Plaintiff’s demand and suspension of construction are being unduly asserted and demanded.

C. On October 25, 2013, the Defendant filed an application for preservation of evidence with the Jeonju District Court 2013Kaga946 on October 25, 2013, and filed an application for appraisal as to the validity and proportion of the instant housing construction at the time of discontinuance of the Plaintiff’s construction. The appraiser D appointed in the above procedure, including additional construction, reflects the results of an inquiry as to the said appraiser at the court of first instance, and the ratio is approximately 64.75% (it reflects the results of an inquiry as to the said appraiser at the court of first instance, and approximately 0.84% of the additional construction without the design drawing.

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