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(영문) 전주지방법원 2016.05.11 2014가단13671
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “C,” carries on interior interior interior interior interior interior interior fisheries, and the Defendant carries on the sales of clothes with the trade name of “E” within the Seongdong-gu D market in Jeonjin-gu, Seoul Metropolitan City.

B. From August 5, 2013 to September 6, 2013, the Plaintiff performed the interior works of the said E store operated by the Defendant (hereinafter “instant store”) (hereinafter “instant construction”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 6, 7 evidence, Eul evidence 5 and 6 (including paper numbers), witness F's testimony, witness G's partial testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff visited the instant store through the introduction of G, prepared a quotation according to the Defendant’s quasi-specing drawings and requirements, and performed the instant construction upon receiving specific instructions from the Defendant, such as the color, size, location, etc. of the household.

The plaintiff merely received a cash custody certificate from F to guarantee the defendant's obligation to pay the construction cost of this case by promising F to pay the plaintiff the construction cost of this case, and it does not conclude the construction contract of this case with F). The defendant thought that F will pay the construction cost of this case, and the defendant also tried to adjust the contract price with the plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of 2,4840,000 won and damages for delay.

B. The Defendant’s assertion did not request the Plaintiff to undertake the instant construction work, and did not conclude the instant construction contract with the Plaintiff.

The Defendant has a claim of KRW 200 million against H, and the Defendant demanded reimbursement of KRW 30 million, which is a part of the above claim, to H for the interior interior interior interior of this case, F to the effect that F would have harmful to the interior interior interior of this case. Thus, the Plaintiff is related to the instant construction.

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