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(영문) 의정부지방법원 2018.06.22 2018나1866
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in a third day and a wholesale and retail business with the trade name of “C”.

B. The Defendant’s husband D entered into a construction contract with F as to the interior construction work during the construction of a new house on the land of 250 square meters of land for the E farm in Namyang-si on behalf of the Defendant.

C. As of May 17, 2017, a construction work agency contract in which the project owner is the Defendant and the construction agent F (in the form of internal construction, document No. B No. 1) was prepared. The construction contract includes “the toilet flood control and furniture, etc., complete terms and conditions, such as balcony flood control and furniture, and the walll construction,” etc.

The Plaintiff, among the construction of the instant electric power resource house, performed the interior and pipeline construction works, and supplied typry and straw materials.

E. On June 30, 2017, the Plaintiff sent the Plaintiff’s account number to D as text messages. On the same day, the Plaintiff sent text messages to the Defendant account that KRW 3 million was deposited from the Defendant account, and that D deposited KRW 3 million to the Plaintiff after seven minutes after the deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. From June 8, 2017 to June 27, 2017, the Plaintiff asserted that the Plaintiff completed the construction of interior housing in the instant case and supplied materials, such as the tegrative machine, etc.

The price of the above materials and the cost of construction are KRW 9,978,705 in total (i.e., internal interior interior interior interior interior 7,718,700, such as the entrance and bath room, KRW 1,872,805, and the cost of construction, KRW 387,200).

Since the Defendant agreed to pay the construction cost, etc. directly to the Plaintiff from the commencement of the above construction work, the Defendant is obligated to pay the Plaintiff the remainder of KRW 6,978,705, excluding the above KRW 3,000,000, which the Plaintiff received from the said KRW 9,978,705, and delay damages therefor.

B. The defendant's assertion.

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