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(영문) 대전지방법원 2019.06.14 2018나109996
공사대금
Text

1. Of the judgment of the court of first instance, KRW 6,00,000 against the Plaintiff and its related amount from December 6, 2016 to June 14, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of establishing and selling furniture, and the Defendant is a company that runs the business of manufacturing and selling furniture.

B. The Plaintiff and the Defendant, from around December 201, supplied the Plaintiff with furnitures and parts to be installed at a specific construction site, and the Plaintiff entered into an installation contract with the Plaintiff to transport, assemble, install, and close the said furnitures and parts at the specific construction site and to repair defects.

C. Around March 2012, the Defendant requested the Plaintiff to establish a household at the site of D Company E located in Kimpo-si, Kimpo-si (excluding value-added tax) by setting the contract amount of KRW 115,00,000 (excluding value-added tax) and the period of establishment from March 25, 2012 to October 11, 2012. ② Around July 2012, the Defendant requested the Plaintiff to establish a household at the site of G Company H located in Hongcheon-gun, Gangwon-gun, Seoul (excluding value-added tax), the contract amount of KRW 70,000,000 (excluding value-added tax), and the period of establishment from July 24, 2012 to December 31, 2012; ③ around May 2015, the contract amount of the K company at the site of Yeonsu-gu, Yeonsu-gu, Incheon, for the period of installation from May 21, 2015 to December 31, 2015.

(hereinafter referred to as “(1) or(3) establishment contract.

The defendant does not pay to the plaintiff KRW 10 million out of the contract price under the above establishment contract, ② seven million out of the contract price under the establishment contract, ③ six million out of the contract price under the establishment contract.

【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1-8, Eul evidence No. 2-1-6, the purport of the whole pleadings】

2. The parties' assertion that the plaintiff filed a claim against the defendant for the remainder of the construction cost under each of the above construction contracts, on the premise that the plaintiff completed the construction works under the above construction contract. The defendant filed a claim against the defendant.

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