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(영문) 전주지방법원 2018.07.06 2017나5269
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On July 2016, the Defendant requested the Plaintiff operating the construction business under the trade name “C” to construct the roof of the Defendant-owned housing (hereinafter “instant housing”) and notified the Plaintiff that the amount of KRW 3.5 million was paid for the roof construction work.

B. The Plaintiff visited the Defendant at the end of August 2016, and explained about the construction of roof construction. At the time, the Defendant asked the Plaintiff to supplement the entire house construction work.

C. Since September 2, 2016, at the Defendant’s request, the Plaintiff performed the roof and collecting works of the said housing (hereinafter “instant construction”) and completed the said construction by the 8th day of the same month.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, or the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) The plaintiff was awarded a contract for the construction of this case from the defendant to pay the price as settled by the plaintiff. Accordingly, after completing the construction of this case from September 2, 2016 to August 8 of the same month, the plaintiff claimed payment of KRW 6,856,160 to the defendant, but the defendant paid only KRW 5 million to the plaintiff. Therefore, the defendant has the obligation to pay the plaintiff the unpaid construction cost (=the above KRW 6,856,160 - the above KRW 5 million) and delay damages (the above KRW 6,856,160 - the above KRW 5 million) to the plaintiff. 2) The defendant defendant merely said that he would pay the construction cost to the plaintiff as settled by the plaintiff, and the construction cost of roof construction is 3.5 million according to the oral agreement, and the settlement details presented by the plaintiff to the defendant is too excessive, and thus it is not believed as it is because the plaintiff's assertion is too excessive.

B. In light of the following circumstances that can be seen by comprehensively taking account of the facts acknowledged as above 1 and the overall purport of the evidence and arguments as seen earlier, the Defendant.

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