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(영문) 전주지방법원 2020.08.19 2019나10944
물품대금
Text

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

The defendant shall make the plaintiff 10,000.

Reasons

1. Claim for construction cost of ten million won;

A. On August 5, 2016, the Defendant concluded a contract with C as of 355,000,000 construction cost of the new construction of D detached Housing located in Seocho-gu Seoul Special Metropolitan City and as of December 30, 2016 for the completion of the completion of the construction plan.

B) On December 5, 2016, the Plaintiff engaged in the supply and construction business of the main household with the name of E, upon introduction of C, installed the main household and attached houses equivalent to KRW 24,000,000 from the Defendant for the said newly built houses (hereinafter “instant construction”).

(C) The Plaintiff was paid KRW 4,00,000 on the following day by the Defendant, and the Plaintiff was paid KRW 5,000,000 from December 16, 2016 to December 17, 2016. The Plaintiff was paid KRW 5,00,000 from the Defendant on January 10, 2017, and KRW 5,000,000 from the Defendant on March 31, 2017.

[Grounds for recognition] In light of the above facts, Gap's evidence Nos. 1 and 2, Eul evidence Nos. 1, Eul evidence No. 1, and the purport of the pleadings 2), the defendant shall pay the plaintiff the remainder of the contract price of this case 10,000,000 won (i.e., contract price of 24,000,000- contract price of 4,000,000- January 10, 2017- 5,000,000 won on March 31, 2017) and the plaintiff shall pay the plaintiff the remainder of the contract price of this case 10,000,000 won, which is the date following the date of the final repayment of the contract price of this case, and 10,000,000 won per annum from April 1, 2017 to August 19, 2020.

On the contrary, the instant construction contract, which the Defendant prepared to pay to the Plaintiff the full amount of KRW 24,00,000, is false as one of the parties.

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