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(영문) 춘천지방법원 강릉지원 2018.10.02 2017나32616
공사대금
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. Basic facts

A. The Plaintiff is a person who constructs a building structure, such as steel frame, with the trade name of C.

B. On October 11, 2016, the Plaintiff received a contract from the Defendant during the construction period of KRW 36,800,000 (excluding value-added tax) and the construction period from October 11, 2016 to November 5, 2016 for steel framed among D Repair and Storage and New Construction (hereinafter “instant construction”).

C. The Defendant paid the Plaintiff KRW 23,000,000 as the construction cost of the instant case.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the remaining construction cost of KRW 13,80,000 (=36,800,000 - 23,000,000) to the Plaintiff, barring any special circumstance. 2) As to this, the Plaintiff claimed that the Defendant should pay additional construction cost of KRW 1,00,000,000, which is not originally included in the instant construction work, as the Plaintiff further requested and completed the work that is not originally included in the instant construction work, the Plaintiff is obligated to pay the above additional construction cost of KRW 1,00,00,000, but there is no other evidence to acknowledge this.

The plaintiff's claim for the above additional construction costs shall not be accepted.

B. The defendant's assertion 1) The defendant's summary of the defendant's assertion 25 TON 2,40,000 F 25 TON 2,400,000 F 2, and 4 G 50,000 H 50 H 250,000 H 250,000 and 11,50,000 H 50,000 H 5 boilers 250,250,250,000 I 6 250,00 I 6 250,000 I 7250,750,750,000 I 7 1,217,78,000 I 7 1,60, and 360,000, the plaintiff paid the construction price to each of the plaintiff's business entities or the plaintiff's construction work price to another business entity on behalf of the plaintiff.

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