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(영문) 대구지방법원 2020.11.11 2020나308345
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

The Plaintiff’s assertion as to the cause of the claim is a person who sells and installs various interior materials, etc. in construction with the trade name of “C”. On April 27, 2019 at the Defendant’s request, the Plaintiff completed the construction work for remodeling the Ulsan-gun Dridong Center, including a board and a remote area, equivalent to KRW 2,039,300, and the same year.

5.7. Since the work amounting to KRW 3,705,00 with respect to the remodeling work of the Eri-dong Center has been completed, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 2,479,300, which remains after deducting KRW 3,265,00 from the total construction cost of KRW 5,74,300.

Judgment

The Plaintiff and the Defendant asserted that each entry in the evidence Nos. 3-1 and 2, which correspond to the fact that the contract was concluded by the Plaintiff and the Defendant, is difficult to believe it as it is in light of the statement Nos. 2-1 and 2-1, and that each entry in the evidence Nos. 1, 2, and 4 is insufficient to recognize it (the Plaintiff, the representative of the Defendant, found inside director F as the Plaintiff’s office and requested the 3th group Corporation (G Dong Center, D Ri Center, Eri Center, Eri Center), and the Plaintiff had been paid four months for the remodeling of G Dong Center, but it was not paid, and thereafter, that the Plaintiff was ordered to do the construction in this case upon the Defendant’s request by the Defendant. Accordingly, the Defendant asserted that the Plaintiff received the above construction from H, the contractor, and that it was not awarded a contract for the construction in this case by the Defendant, but it was the Plaintiff’s reply to the contract for the construction in this case, and that it was the Plaintiff’s representative of G. 2.

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