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(영문) 수원지방법원 여주지원 2018.09.11 2017가단54000
공사대금
Text

1. As to the Plaintiff’s KRW 33,896,00 and Ghana, the Defendant shall on August 15, 2017.

Reasons

Facts of recognition

On June 20, 2016, the Plaintiff and the Defendant concluded a contract for the construction of a tent (hereinafter “instant construction”) of the C Motor Vehicle Sales Site owned by the Defendant, and the Plaintiff continued the said construction from around that time.

On July 3, 2016 and July 13, 2016, respectively, the Plaintiff and the Defendant concluded a contract for additional construction works.

The Defendant paid the Plaintiff KRW 10,00,000,000 as of July 12, 2017, and KRW 4,483,00 as of August 10, 2016, respectively.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 2, purport of whole pleadings.

The plaintiff alleged by the parties concerned completed the construction work under the contract with the defendant, and completed the construction work after obtaining consent from the defendant by sending a written estimate (Evidence A 2, hereinafter referred to as "each written estimate of this case") to the defendant before commencing the construction work. Thus, the defendant shall pay the construction cost stated in the said written estimate to the plaintiff.

Since the Plaintiff unilaterally ceased to perform the instant construction project while unilaterally, the Plaintiff failed to complete all the construction works under the contract with the Defendant, and the Defendant continued to perform the remaining construction works through another construction business operator.

In addition, there was no agreement between the Plaintiff and the Defendant on the construction cost, and each of the instant estimates is unilaterally prepared and sent by the Plaintiff to the Defendant.

Judgment

Before the Plaintiff completed all of the instant construction, considering the following circumstances acknowledged by the evidence as seen earlier, Gap evidence Nos. 3 through 7, Eul evidence Nos. 2 and 5 (including each number), and the purport of the entire film and video pleadings, the Plaintiff is deemed to have completed all of the construction works under the contract with the Defendant.

① The Defendant asserts that the Plaintiff did not complete the construction of the walls of the second floor, the entire inner part of the 2nd floor, the inner wall of the second floor, the inner wall of the second floor, the inner wall of the second floor, the outer wall of the second floor, other tent construction, the third floor tent construction, and the third third third third floor tent construction.

However, the third floor toilets.

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