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(영문) 인천지방법원 2019.06.21 2018나1360
공사대금반환등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 4,000,000 on May 11, 2017.

Reasons

1. Basic facts

A. From June 1, 2014, the Plaintiff leased and used Yeonsu-gu Incheon Metropolitan Building D and E (hereinafter “instant store”) and contracted the removal of the interior interior interior interior interior of the instant store (hereinafter “instant removal construction”) to the Defendant on July 1, 2016, when the lease term expires, and set the construction price at KRW 4 million.

B. On July 9, 2016, the Plaintiff additionally entrusted the Defendant with the restoration work (the restoration work to the original state before the lease of the floor, wall, etc.; hereinafter “the restoration work of this case”) to the original state, the construction work amount of KRW 5 million, and the construction work period up to July 13, 2019, and the said construction work amount included one million won in the remainder of the removal work.

C. On July 1, 2016, the Plaintiff paid for the removal of the instant case to the Defendant, and the same month.

6. A total of KRW 3 million was paid, and KRW 5 million was paid from July 9, 2016 to the cost of the instant restoration work. D.

The defendant started part of the restoration work from July 10, 2016 to its original state.

However, on July 10, 2016, the Plaintiff sent a text message to the Defendant that “I will suspend work one day because there is a problem with the lessor,” and the Defendant sent the text message to that effect, “I cannot cancel because I have set up a letter. I will not proceed with work unless I do not go to the scene. I will not proceed with work until I go to do so.”

E. On July 11, 2016, the Defendant got the Plaintiff at the instant store, but the Plaintiff did not proceed with the construction, and thereafter, sent its account number to the Defendant on July 14, 2016 as text messages to the effect that the Plaintiff would return the construction cost to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 4, 5 evidence, Eul 1, 2, 4, and 8 evidence (including paper numbers; hereinafter the same shall apply).

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