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(영문) 춘천지방법원강릉지원 2016.02.02 2015나1069
공사대금
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. Basic facts

A. From September 7, 2010 to September 7, 2010, the Plaintiff is a person engaged in business such as stone construction, etc., and the Defendant is a person who operates business from a commercial building located in D as E.

B. On April 10, 2014, the Plaintiff issued a written estimate for the construction of the building outer wall of the building in which E is located (hereinafter “instant shopping mall”) to the Defendant, upon the Defendant’s request, to construct the outer wall of the building (hereinafter “instant quotation”).

The construction cost stated in the written estimate of this case shall be KRW 9.2 million, window heading KRW 270,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

In addition, among the above items, the unit of the granite outer wall is indicated as 115 square meters, the quantity is 115,000 won, and the unit price is indicated as 80,000 won, and the unit price of the outer wall is indicated as 130 square meters, the quantity is 130

C. The Plaintiff entered into a contract for a construction project with the Defendant, after consultation with the Defendant, changed the content of partial construction, such as excluding a signboard spamping, etc., thereby reducing the construction cost

In addition, on April 25, 2014, the Defendant entered into a contract with the content that the instant construction work on the outer wall of the commercial building was contracted with the construction cost of KRW 11.2 million (in advance, KRW 5 million, KRW 6.2 million) and the construction period from April 25, 2014 to May 5, 2014 (hereinafter “instant construction contract”), and did not measure the outer wall of the instant commercial building prior to the conclusion of the said contract.

Since then, the plaintiff completed the stone construction of the commercial building outer wall of this case.

【Ground for recognition】 The fact that there is no dispute, Gap’s evidence 1, Gap’s evidence 2-1, 2, and 3, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion concludes the instant construction contract with the Defendant, and completed all construction works under the said contract.

Nevertheless, there is a need to do so.

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