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(영문) 의정부지방법원 2020.01.30 2019나3906
대여금
Text

All appeals by the defendant and incidental appeals by the plaintiff are dismissed.

2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.

Reasons

1. Facts of recognition;

A. A. Around June 15, 2018, the Defendant Company received from the Plaintiff a contract with the Plaintiff for the construction cost of KRW 40 million and the construction period from June 18, 2018 to July 17, 2018.

B. The Plaintiff paid the Defendant Company KRW 20 million around June 15, 2018, KRW 5 million around June 21, 2018, KRW 5 million around June 21, 2018, and KRW 15 million around July 12, 2018.

C. Around July 24, 2018, the Defendant Company suspended the instant construction work. D.

On July 24, 2018, the Defendant interfered with the Plaintiff’s construction by demanding the discontinuance of construction work to the effect that “a construction work with AB has not been resolved,” which means that “a construction work with AB has been carried out on the rooftop,” and “a construction work has been carried out on the rooftop with the first floor,” and thereby gathering construction materials out of the rooftop and driving away from the rooftop.

(2) The Plaintiff did not perform the construction on the same day, and paid KRW 80,000 as human labor cost and equipment rental fee. E. The Defendant demanded the suspension of construction to the effect that “the Plaintiff, who is performing the interior construction work on the second floor of the instant building site, does not remove the ceiling that he performed.” The Defendant interfered with the Plaintiff’s construction by demanding the suspension of construction (hereinafter “the second interfered with construction”). Accordingly, the Plaintiff did not proceed with the construction on the same day and paid KRW 600,000 as human labor cost without carrying out the construction work on the same day.

F. In order to interfere with the progress of the instant construction project, the Defendant closed the entrance at the construction site and left waste at the construction site.

Accordingly, the plaintiff will bring about KRW 800,000.

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