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(영문) 청주지방법원제천지원 2013.12.13 2012가합504
용역대금 등
Text

1. The Defendant’s KRW 321,866,660 for the Plaintiff and KRW 6% per annum from September 14, 2012 to December 13, 2013.

Reasons

1. Presumed factual basis

A. Jeju City, around 2008, extended a city crematorium in the Jeju-si B (hereinafter “B”) around 2008, intended to provide B residents with funds necessary for the residents’ joint project as part of the neighboring village support project.

Accordingly, on May 7, 2009, some of the residents of the B established the defendant company for the purpose of the Hanyang Livestock and the processing sales business, etc., and built livestock penss, etc. by receiving subsidies from the Incheon City.

B. On January 4, 2010, the Plaintiff Company contracted with the Defendant Company to construct a stable, etc. (hereinafter “instant facilities”) to raise Chinese rain on the ground, including C, and obtained approval for the use of the instant facilities on November 14, 201.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 14, the purport of the whole pleadings

2. Determination:

A. (1) Determination on the cause of the claim 1) The fact that the Plaintiff Company recognized the claim for construction cost, including packaging of the site for the instant facilities (1) around March 2010, the Plaintiff Company prepared a written estimate of KRW 123,909,000 for the construction cost, after receiving a request from the Defendant Company for landscaping construction, to calculate the details of the construction cost, and then to deliver the written estimate of KRW 123,909,00 to D who is the representative director of the Defendant Company. D requested the Plaintiff Company to perform construction work in accordance with the said written estimate after examining the written estimate with E, etc. who is the working person of the Defendant Company, and thereafter, the Plaintiff Company conducted landscaping construction work around the instant facilities.

(2) Around November 2010, the Plaintiff Company received a request from the Defendant Company to pack the instant site for the facilities and to create the access road, and calculated the details of the construction cost, and issued a written estimate of KRW 149,785,00 to D, the representative director of the Defendant Company, who is the representative director of the Defendant Company. After reviewing the said written estimate with E, etc., D requested the Plaintiff Company to perform construction work according to the said written estimate.

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