(영문) 수원지방법원 2016.11.10 2015나25515

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(영문) 수원지방법원 2016.11.10 2015나25515

공사대금

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1. Each part of the judgment of the first instance against Defendant (Appointed Party), Appointed C, or D shall be revoked, and that part shall be revoked.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence No. 2 by integrating the purport of the entire pleadings.

The Plaintiff is running the wholesale and retail business of others, sanitation machine, etc., and F owned the 5th floor building on the ground in E in the time of harmony (hereinafter “instant building”).

B. The F died on February 17, 2014 (hereinafter “F”), and the Defendant, who is the deceased’s’s children, and the appointed parties C and D (hereinafter “Defendant et al.”) jointly inherited the deceased’s property in their respective inheritance shares of 1/3.

2. Summary of the parties' arguments;

A. On January 3, 2013, the Plaintiff and the Deceased were to supply tools necessary for the change of the purpose of use of the instant building to the Deceased, and the construction contract for the construction of the instant building to perform the other construction work (hereinafter “instant construction contract”).

(2) The Plaintiff concluded the instant construction contract with the Plaintiff at KRW 60,00,000,00 for the supply and construction cost that the Deceased agreed to pay to the Plaintiff through the instant construction contract. (2) The Plaintiff completed both the supply and the delivery of the clothing around the end of April 2013 pursuant to the instant construction contract.

3) At the time of the conclusion of the instant construction contract, the Plaintiff and the Deceased did not prepare the contract for the instant construction contract, but they did not pay the supplied goods and the construction cost on time, and the Plaintiff requested the Deceased to prepare and change the contract at the time of requesting payment. As to this, the Deceased demanded the Plaintiff to prepare the contract for the instant construction contract and transmit it by facsimile. Accordingly, the Plaintiff requested the Plaintiff to transmit it by facsimile. Accordingly, the Plaintiff prepared the contract for the instant construction contract with the content of the instant construction contract, except only the part on which the Deceased should affix his seal, and transmitted it by facsimile.

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