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(영문) 울산지방법원 2019.09.26 2018나2844
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates G’s trade name public notice board (hereinafter “instant public notice board”), and B is a person who engages in water leakage prevention work as a business.

B. On October 2016, the Plaintiff entered into a contract for water leakage prevention (hereinafter “the instant construction contract”) with a police officer B with the amount of construction cost of KRW 1,200,000, as the water leakage occurred as prescribed in subparagraph H of the instant Public Notice Board.

C. B concluded the instant construction contract on October 7, 2016, and around October 7, 2016, around which the instant construction contract had been executed, and the Plaintiff paid KRW 1,00,000, which is a part of the construction cost under the instant construction contract, to B around October 7, 2016.

B Of the construction price under the instant construction contract, it was defective that the Plaintiff would confirm and pay the remainder of KRW 200,000 among the construction price under the instant construction contract, or around October 18, 2016, the Plaintiff obstructed the Plaintiff’s operation of the instant public notice board by force by finding out the instant public notice board and committing sound (hereinafter “instant crime of interference with business”), and B was subject to a disposition of 200,000 won by committing the instant crime of interference with business (Ulsan District Public Prosecutor’s Office 2016 Form No. 51343).

E. B around December 19, 2016, filed a lawsuit against the Plaintiff seeking payment of the unpaid KRW 200,000, out of the construction price under the instant construction contract, as the Ulsan District Court 2016 Ghana38996.

On March 22, 2017, the mediation date of the instant case, between the Plaintiff and B, the Plaintiff paid KRW 200,000 to B by March 31, 2017, and B, as soon as receiving the said money, the mediation was concluded with the effect that the Plaintiff would perform the defect repair construction works for the Y of the Y of the Gowon.

F. The Plaintiff paid KRW 200,00 to B around March 27, 2017, and B notified the Plaintiff of the date from April 11, 2016 to April 22, 2016, to the instant Public Notice Board, if the Plaintiff had fixed the date between April 17, 2016 and April 22, 2016, and then notified the Plaintiff of the text message to visit the instant Public Notice Board on April 17, 2016.

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