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(영문) 수원지방법원 2018.11.08 2018나50536
용역비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The plaintiff is a company running cleaning service business, and the defendant is a sole proprietor who runs interior fishery business.

B. On December 28, 2016 and December 29, 2016, at the Defendant’s request, the Plaintiff completed the work, such as the construction of a substitute seat, the cleaning of substitute seat, the cleaning of directors, ridgeing, etc. of Seongbuk-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”).

C. On December 22, 2016, the Plaintiff issued a written estimate to the Defendant to pay KRW 2,465,100 (including value-added tax) for the services of the primary work. However, the Defendant agreed to pay KRW 2,200,000 to the Plaintiff on January 11, 2017.

After the first work, the Defendant is called the Plaintiff’s instant apartment construction and finishing work (hereinafter “the second work”) and the Plaintiff’s third work (hereinafter “the third work”) on the instant apartment.

(E) The Plaintiff requested each of the instant apartment units to provide the Defendant with a written estimate of KRW 3,564,00 (including value-added tax) on January 9, 2017, and the Plaintiff issued a written estimate of KRW 1,100,000 for the service cost of the instant apartment units from January 11, 2017 to January 13, 2017. E. The Plaintiff completed the secondary work from the instant apartment units from January 11, 2017 to January 23, 2017, and completed the third work from the instant apartment units on January 23, 2017. [In the absence of grounds for recognition, each entry of KRW 1,2,7, or 100, the testimony of the first instance court E, the testimony of the witness, and the purport of the entire pleadings.

2. The criteria for distinguishing between the failure to complete construction works and the failure to complete construction works are deemed to have completed the construction works if the last process intended to be interrupted during the construction works has not been completed. However, the construction shall be deemed to have completed the construction works once the last process intended to be completed, and the main structural parts are completed as agreed and completed by social norms, provided that the construction works are incomplete.

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