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(영문) 서울서부지방법원 2017.11.24 2016가단22175
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, while running the construction business under the name of “B”, performed the C Corporation that was contracted and supplied by the Defendant from June 2015 (hereinafter “instant Corporation”) and completed around July 2015, and did not prepare a contract form at the time.

On July 30, 2015, the Plaintiff issued a written estimate to the Defendant to the effect that the construction cost of the instant construction project is KRW 1,1210,000 (hereinafter referred to as “written estimate”).

After that, the Defendant remitted KRW 10 million to the account under B’s name on August 13, 2015, and KRW 1 million on August 21, 2015.

On August 13, 2015, the Plaintiff issued a defect repair performance certificate to the Defendant regarding the instant construction project.

[Ground for Recognition: Facts without dispute, entry of evidence of Nos. 1 through 5 (including a tentative number) and the purport of the whole pleadings]

2. The parties' assertion

A. Since the Plaintiff’s assertion completed the instant construction work with KRW 2,253,000,000, the Defendant shall pay the said construction cost and damages for delay to the Plaintiff.

B. After completing the instant construction project, the Defendant asserted that the Plaintiff paid all the Plaintiff the agreed construction cost of KRW 11 million (including value added tax) based on the instant estimate issued by the Plaintiff.

Therefore, the defendant is not obliged to pay the additional construction cost to the plaintiff.

3. The Plaintiff sought payment of KRW 22,530,00 as the construction price of the instant construction project. However, there is no evidence to prove that the Defendant concluded a contract on the instant construction project with the Plaintiff as the contract price or agreed to pay the said amount to the Plaintiff as the construction price.

Rather, on July 30, 2015, the time the Plaintiff completed the instant construction project, the Plaintiff issued a written estimate to the Defendant (the Plaintiff’s attorney is KRW 2,253,00,000 at the third party date for pleading of the instant case) and written estimate on August 1, 2015 (No evidence 2-1 of the evidence A) to the effect that the construction cost is KRW 2,253,00,00.

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