(영문) 서울동부지방법원 2015.07.17 2014나8075

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(영문) 서울동부지방법원 2015.07.17 2014나8075

냉동기설치대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. There is no dispute between the parties to the underlying facts, or the following facts are acknowledged in full view of the overall purport of the arguments in the statements in Gap evidence Nos. 1 to 3, Eul evidence No. 1 and 2.

A. The Plaintiff is an individual entrepreneur who performs freezing and shocking works in the trade name of “C”.

B. On April 13, 2007, the Plaintiff entered into a construction contract with F at 28,000,000 won for the construction of freezing and shock rinks, etc. (hereinafter “instant construction contract”) at the store located in Gyeonggi-gu D and 1st floor, and completed the instant construction project around April 19, 207.

C. Since June 12, 2007, F began to operate the said “E” with the trade name “E” and registered its business in the name of the Defendant who was living together at the time.

Around April 8, 2008, the Plaintiff sent by mail a certificate of the content that “The date of construction: from April 3, 2007 to April 19, 2007: from April 19, 2007, the remainder: KRW 3,000,000,000,000,000,000,000,0000,0000,000,000,000,000,000,0000,000,000,000

E. On the other hand, as to the above certificate of contents sent by the Plaintiff, since the sender was the Defendant and the receiver was the Plaintiff, the Plaintiff became the Plaintiff, and the low-income shop has been more than one year since the opening of the business, but the low-income shop still has failed to complete the construction cost, such as the facility cost, etc., and thus, it became a lot of precedent.

In order to provide for the payment method, etc. of the construction cost of the remaining facilities in full-time installments of 28,000,000 won for the start-up of the business in the tea system, the main time is to pay in full-time in full-time installments and pay in full-time in full-time installments.

The reply to the request for the payment of the remainder of the construction cost “the content” was sent by certified mail on April 16, 2008.

2. The parties' assertion

A. The plaintiff's assertion (1) is that of this case from the defendant who is the operator of E.

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