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(영문) 의정부지방법원 2018.07.19 2018나1750
공사대금
Text

1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be ordered to be paid:

Reasons

1. The court of first instance dismissed both the plaintiff's principal claim and the defendant's counterclaim, and only the plaintiff's principal claim is subject to the judgment of this court, since only the plaintiff filed an appeal.

2. Facts of recognition;

A. (1) On November 2016, 2016, the Plaintiff: (a) 1,213 square meters (hereinafter “instant land”) from the Defendant’s Seocho-gu, Seoyang-gu, Seoyang-gu, the Defendant owned by the Defendant; and (b)

(1) The banking works for the Corporation (hereinafter referred to as the “Corporation A”).

(2) On November 20, 2016, the Defendant paid the Plaintiff KRW 7,100,000 total of KRW 2,000,000 on November 20, 2016, with the contract amount of KRW 13,80,000,000 on November 25, 2016, and KRW 2,30,000 on December 1, 2016, and KRW 5,000 on December 5, 2016.

B. 1) The Defendant: (a) around November 20, 2016, around November 20, 2016, the date of completion of the instant construction project; and (b) between the Plaintiff and the Defendant, the Defendant, as his owner, Seoyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant land 2”).

(2) A banking work for the Corporation (hereinafter referred to as the “Corporation 2”).

(2) The Plaintiff directly performed the instant construction work, and agreed to pay KRW 130,000 per day per week as the site manager of the instant construction work. (2) The Plaintiff served as the site manager at the construction site of this case for 8.5 days from November 21, 2016 to December 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 5 (including branch numbers, if any) and the purport of the whole pleadings

3. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, the Defendant shall pay the Plaintiff KRW 6,700,000 (i.e., construction amount of KRW 13,800,000 - 7,100,000) and the unpaid wage of KRW 1,100,000 (i.e., KRW 130,000 x 60,000 x 60,000 for the Plaintiff’s wage on October 5 (i.e., KRW 130,000 x 60,000 x 0.5).

However, the Plaintiff directly disbursed by the Defendant as the construction cost of the instant case 1,303.

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