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(영문) 서울서부지방법원 2019.06.21 2018나2527
양수금
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. In the first instance court, the Plaintiff filed a claim for the construction cost of KRW 8 million not paid by the Defendant, among the total construction cost of each of the construction cost of each of the construction cost of each of the 55,00,000 won of the construction cost of each of the construction cost of each of the construction cost of a multi-household Newly constructed construction in Seocho-gu Seoul, Seodaemun-gu, Seoul, Seoul, and the New Housing Construction in the Seocho-gu Seoul, and KRW 12,16,900 (claim) and the delay damages for each of the construction cost of the construction of the aforementioned multi-household Newly constructed construction work. The first instance court accepted the claim in its entirety, and partly accepted the claim.

As to this, the defendant only appealed with respect to the cited part of the claim (the part against the defendant), the scope of the judgment of this court is limited to the claim (hereinafter referred to as the "claim for Additional Construction Costs").

2. Basic facts

A. The Plaintiff is a person who runs a creative business in Seodaemun-gu Seoul Metropolitan Government with the trade name of “F,” and the Defendant is a person who runs a general construction business in Mapo-gu Seoul Metropolitan Government I with the trade name of “H.”

B. On March 21, 2016, the Defendant received a contract from J and K for the new construction of the Seocho-gu Seoul E Multi-household Housing (hereinafter “multi-household Housing”) (hereinafter “instant construction”) from J and K as the construction period from April 28, 2016 to October 15, 2016, with the contract amount of KRW 577,450,00 (including value-added tax). The Plaintiff implemented the instant construction project after receiving a subcontract from the Defendant.

C. On October 23, 2017, the On-site agent L at the instant construction site drafted a factual confirmation as follows (hereinafter “instant factual confirmation”).

A: A debtor: Contents of L (on-site manager): He/she shall add 10,786,900 won to the A president under the direction of B president while he/she worked as a field manager of B's agent in the new site of E.

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