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(영문) 서울남부지방법원 2019.08.13 2017가단27338
공사대금 및 손해배상(기)
Text

1. The Defendant: (a) KRW 24,642,100 for Plaintiff A and 5% per annum from November 3, 2017 to August 13, 2019; and (b) thereafter, for the following reasons.

Reasons

1. Basic facts

A. On March 2017, the Defendant constructed a new building D ground (hereinafter “instant building”).

Plaintiff

A around May 12, 2017, around 105, 142,100 of the construction cost (A) was prepared and presented to the Defendant a written estimate (hereinafter “instant quotation”) for a total of 105,142,100 construction cost, and received a contract from the Defendant for the outer wall construction (hereinafter “instant construction”).

B. On May 26, 2017, the Defendant paid Plaintiff A KRW 20,00,000 as the price for the instant construction project, and KRW 20,000,000 on June 1, 2017, and KRW 20,000 on June 19, 2017.

Plaintiff

A on June 29, 2017, submitted a written claim to the Defendant stating “120,594,900 won in total for the construction work, KRW 60,000 in deposit, KRW 60,000 in balance, KRW 60,201,10 in balance (Evidence A 3; hereinafter “instant claim”).

C. On July 2, 2017, around 00:05, at a restaurant operated by the Plaintiff B (Plaintiff A’s wife), the Defendant stated the Plaintiff’s complaint against the Plaintiff A due to the settlement of the construction cost of the instant construction project, and caused the Plaintiff B to face with the Plaintiff’s right side bridge by pushing the chair in front of the Plaintiff B.

Accordingly, the plaintiff A was shaking the defendant's her body, and the plaintiff B was shaking the her body after having her bucked with the defendant's her her macks.

Accordingly, the defendant suffered from the left-hand salt coordinate, etc. which requires approximately two weeks of treatment.

The defendant was sentenced to a fine of KRW 1.5 million, and the plaintiff A was sentenced to a fine of KRW 500,000 on March 14, 2019 (Ji Government District Court Decision 2017 High Court Decision 2017 High Court Decision 1283), and its judgment became final and conclusive.

On July 18, 2017, the defendant paid 20,000,000 won to the plaintiff A.

The instant building was approved on September 1, 2017.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 5, Gap's evidence No. 11, 12, 13, 16 through 19, Eul's evidence Nos. 2 and 3, or the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. 1) With respect to the construction cost of the instant case, Plaintiff A (a) presented the instant claim to the Defendant.

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