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(영문) 서울중앙지방법원 2017.09.22 2017나23317
공사대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial and the defendant's appeal are all dismissed.

2...

Reasons

1. In fact, the Plaintiff is a company whose main business is a building interior works, etc., and the Defendants jointly operate a mountain father and a postnatal care center in the building of the 8th floor above the 2nd floor underground located in Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant hospital”).

On April 2016, the Defendants made a verbal request to the Plaintiff for the interior interior interior interior interior interior interior interior interior interior interior interior of the VIP guest room (hereinafter “801 guest room”) of the instant hospital (hereinafter “801 guest room”) (hereinafter “801 guest room”).

From April 16, 2016, the Plaintiff performed the guest room construction work and completed on April 22, 2016, and the construction cost was KRW 13,211,000 as the construction cost.

On May 1, 2016, the completion of the guest room construction work of the instant hospital No. 801, the Plaintiff and the Defendants concluded an indoor interior interior interior interior decoration construction contract (hereinafter “instant contract”) with the construction cost of KRW 80,000,000 and the construction period from May 16, 2016 to May 23, 2016.

On May 23, 2016, the Plaintiff completed construction works under the instant contract, and received payment of KRW 80,000,000 from the Defendants.

Meanwhile, the Plaintiff separately ordered the production of households equivalent to KRW 13,200,000 for the purpose of establishing the 7th floor of the instant hospital, and the production was completed around May 2016.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 5, 8, 9, 11, and 12 (including numbers; hereinafter the same shall apply), the testimony of witness D of the first instance court, and the purport of the whole pleadings

2. Summary of both claims;

A. The Plaintiff’s instant contract was concluded with respect to the interior work of the eighth floor other than the guest rooms No. 801, and the Defendants are obligated to pay the Plaintiff the construction cost of KRW 13,211,000 in addition to the construction cost under the instant contract.

In addition, the Defendants request the Plaintiff to produce in advance the households to be used in the guest rooms of the seventh floor of the instant hospital separate from the foregoing interior work, and the Plaintiff ordered the households.

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