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Reasons
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(영문) 서울북부지방법원 2017.08.29 2016나7935
공사대금
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1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who carries on the interior business with the trade name of K, and the Defendant is an individual entrepreneur who carries on the interior business with the trade name of “C Company”.

D 3,565,00 E 8,424,00 for the construction site (cost) 23,694,000 Won 3,357,000 for the construction site 22,129,120 F 2,585,000 G 2,583,000 G 869,000 G 1,340 for the total of 68,796,000 for 1,340,000

B. From July 26, 2010 to July 12, 2014, the Plaintiff completed the total of nine construction works, including D (hereinafter “instant construction”) as follows. The construction cost is KRW 68,796,000 in total.

On June 4, 2010, June 4, 2010, Defendant 60,000 on June 9, 201; Defendant 600,000 on January 22, 2012; C companies 1,000,000,00 on January 30, 2012; 2,000, 30,000 on March 17, 2012; C companies 1,00,00 on March 24, 200; 3,00,00; 3,00,00 on March 24, 200; 3,00; 3,00,00 on March 24, 200; C companies 5,00,00 on April 17, 2012; and C companies 6,50,000 on August 16, 200, 200;

C. From June 4, 2010 to July 12, 2014, the Plaintiff received total of KRW 44,730,000 from the Defendant, C, or I (H) as indicated in the following table as the Plaintiff’s account in the name of the Plaintiff.

[Ground of recognition] The fact that there has been no dispute, Gap's evidence Nos. 1, 2, 3, 6, 7, 8 (including a Serial number; hereinafter the same shall apply), Eul's evidence Nos. 2 and 21, Eul's testimony as a witness of the first instance court, Eul's testimony as a witness of the first instance court, and the purport of whole pleadings

2. The parties' assertion and judgment

A. 1) The parties to the instant construction contract are the Defendant, and the Defendant is obligated to pay the contractor the unpaid construction cost of KRW 24,06,000 and the delay damages therefor to the Plaintiff. 2) The Defendant is the Defendant.

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