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(영문) 대구지방법원 2017.12.13 2017나1231
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates an indoor Rotterdam Corporation in the trade name of “C”, and the Defendant is a person who operates a English private teaching institute (hereinafter “instant English private teaching institute”) under the trade name of “B English teaching school” in Daegu-gu 107 Dong 201.

B. On September 12, 2015, the Plaintiff was awarded a contract with the Defendant for the Rotterdam Corporation for the instant English Private Teaching Institutes (hereinafter “instant Corporation”).

C. On September 16, 2015, the Defendant paid the Plaintiff KRW 2,500,000, respectively, and KRW 3,500,000 on October 1, 2015, respectively, as the instant construction cost.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Summary of the parties' arguments

A. Plaintiff 1) The Plaintiff was awarded a contract with the Defendant for the instant construction cost of KRW 18,00,000,000, and thereafter, the additional construction works for the instant English private teaching institute (hereinafter “instant additional construction”) upon the Defendant’s request.

(2) On October 4, 2015, the Plaintiff completed the instant construction and the instant additional construction, and delivered the instant English Private Teaching Institutes to the Defendant on the following grounds: (a) the Plaintiff completed the entire construction and the instant additional construction; and (b) the Plaintiff delivered the instant English Private Teaching Institutes to the Defendant.

3) Therefore, the Defendant is obligated to pay the Plaintiff the instant additional construction cost of KRW 14,510,000 [the instant construction cost of KRW 18,00,000 - the fixed construction cost of KRW 6,000,000] and delay damages therefrom. (B) Defendant 1 did not have contracted the instant construction cost of KRW 18,00,000 for the Plaintiff.

The Plaintiff expressed to the Defendant that he would not claim expenses for the instant Additional Works.

2 The Defendant paid the Plaintiff a balance of KRW 500,000,000,000 on September 16, 2015, and KRW 3,500,000 on October 1, 2015, thereby making payment to the Plaintiff in full.

3. In full view of the following circumstances revealed by the statement No. 10 No. 10 and the purport of the entire pleadings, the Plaintiff submitted the judgment.

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