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(영문) 전주지방법원 2015.06.26 2014나5299
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. Basic facts

A. The Plaintiff has been engaged in manufacturing business of tent and steel structure with the trade name of B, and has been engaged in transactions with the Defendant due to the inside repair of the Defendant factory.

B. On October 21, 2012, the Plaintiff was entrusted by the Defendant with repair works for the scrap screen (a stude dividing the inside of the factory) of the Defendant’s factory. On October 22, 2012, the Plaintiff sent the equipment owned by the Plaintiff or the Plaintiff to the Defendant’s factory.

C. On October 22, 2012, C: (a) while cutting the wheels of screen air with a acid cuter around 12:55, a fire (hereinafter “the instant fire”) occurred in the Defendant’s factory that is moved to the inside of the screen screen, and then destroyed screen air, fire-fighting equipment, electrical equipment, and sunbook, etc.

[Ground of recognition] Facts without dispute, entry and video of evidence Nos. 6 and 8, testimony of witness C of the first instance trial, purport of whole pleadings

2. Determination as to the cause of action

A. There is no dispute between the parties as to the facts that the Defendant’s obligation to pay the existing construction amount to the Plaintiff, which is the outstanding construction amount, was 9,930,000, and the Defendant is liable to pay the said amount and damages for delay to the Plaintiff, barring special circumstances.

B. The Plaintiff’s assertion of construction cost 1) The Plaintiff’s claim is that: (a) from October 22, 2012 to October 24, 2012, the construction work for temporary scrap air conditioning the Defendant’s factory (hereinafter “the primary construction work”).

(2) On October 22, 2012, the Plaintiff entered into a contract with the Defendant for the primary construction work and completed the construction work on October 24, 2012, is not a dispute between the parties.

However, the Plaintiff asserts that the amount of the primary construction cost is KRW 21,37,500, but the Defendant agreed to the amount of the construction cost in advance while awarding the primary construction cost to the Plaintiff.

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