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(영문) 부산지방법원 2019.09.27 2018나6157
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. In around 2009, the Plaintiff received a contract for electrical construction and performed construction work among the construction works that remodel the inn's house from the Defendant as a studio.

(hereinafter referred to as “First Corporation”). (b)

around around 2014, the Plaintiff received a contract for electrical construction from the Defendant during the Defendant’s interior interior interior interior decoration work, and performed the construction work.

(hereinafter “Second Corporation”). [Identification Evidence] without dispute, entry of Gap evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff completed all of the Plaintiff 1 and 2, 1.6 million won for the first construction work, and 1.5 million won for the second construction work, the Defendant is obligated to pay the Plaintiff the total amount of the construction work that is not paid to the Plaintiff and the damages for delay.

B. The unpaid construction cost for Defendant 1 Corporation is only KRW 500,000.

Although the construction cost of the second construction was not paid to the Plaintiff, the Defendant also incurred losses equivalent to the unpaid construction cost by completing the construction work through another company as the Plaintiff did not complete the second construction work, and thus, there is no obligation to pay the unpaid construction cost.

3. Determination

A. As to the first Corporation, the Plaintiff asserted that the unpaid construction cost in relation to the first Corporation is KRW 1.6 million, but as such, the evidence No. 1, which seems to correspond thereto, is merely a content-proof document prepared by the Plaintiff, and the evidence No. 2, merely is a written estimate unilaterally prepared after the completion of the construction, and it is insufficient to recognize that the unpaid construction cost in the first Corporation reaches KRW 1.6 million, and there is no other evidence to prove otherwise.

However, since the Defendant is a person whose construction cost unpaid is KRW 500,000,000, the Defendant is obligated to pay the Plaintiff KRW 500,000 and the delay damages.

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