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(영문) 서울남부지방법원 2019.11.01 2019나52216
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment is revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who sells remote areas with the trade name of “C”, and the Defendant is a company that engages in interior construction, interior decoration construction business, etc.

B. On September 2016, the Defendant awarded a contract to D for the construction of a storage area, such as the construction of a remote area, among the construction of a remote hotel in Suwon-gu E hotel at the end of the end of the month. D, with respect to the construction of a remote area, intended to perform the construction of a storage area of KRW 2,170 square meters per square meter.

The Plaintiff supplied the Defendant with a remote area of 2,470 square meters to be used in the above construction work, and performed construction with a subcontract for a remote area from D.

C. When executing a 1,657.07 square meters in size D, the Defendant was awarded a contract for the construction of a remote area remaining to the Plaintiff after receiving a remote area of 1,460 square meters from the Plaintiff (hereinafter “instant construction”).

On February 7, 2017, the Plaintiff issued a written estimate (hereinafter “instant quotation”) to the Defendant, which included a total of KRW 15,064,50 (15,00,000,000,000 in total. The said written estimate states that “(1),350 square meters, unit price of KRW 8,300, unit price of KRW 11,205,000, tax amount of KRW 11,120,50, and tax amount of KRW 1,120,50, and ② Additional 300 square meters, unit price of KRW 8,300, unit price of KRW 2,490,00, total tax amount of KRW 249,00, total tax amount of KRW 750,000, total amount of money for a player contract, and payment of remainder within three days after completion of construction.”

E. The Plaintiff received KRW 7,500,000 from the Defendant, and completed the construction in a remote area.

F. Meanwhile, D filed a lawsuit against the Defendant for the payment of the unpaid construction cost of KRW 38,940,000 with the Seoul Northern District Court 2017da8507, the Seoul Northern District Court 2017da8507, and the said court rendered a judgment on May 15, 2018 that “the Defendant shall pay D KRW 20,202,410 and its delay damages.”

The above judgment was finalized on May 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1, 2 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion and the defendant of this case

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