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(영문) 서울중앙지방법원 2018.07.16 2018나7763
신축빌라타일시공노임
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant entered into a construction agreement (hereinafter “instant construction agreement”) under which the Plaintiff and the Defendant entered into a construction agreement between the Plaintiff and the Defendant to pay the Plaintiff the construction cost (hereinafter “instant construction cost”) by placing the Plaintiff in the entrance, kitchen, bath room, multi-use room, and room of a multi-household building newly built on the land outside Eunpyeong-gu Seoul and one parcel of land (hereinafter “instant construction”). From October 29, 2016 to January 6, 2017, the instant construction was executed.

B. The Plaintiff supplied the instant work to the Defendant as necessary for the instant construction, and executed the instant construction. The amount of other gambling supplied by the Plaintiff during the instant construction period is as listed below:

(A) Based on the specifications of each transaction from No. 7-1 to No. 6, the volume of the other day was calculated, and the following table days were written on the basis of the issuing date of each transaction statement). On November 10, 2016, the total number of construction work performed on October 25, 2015 on the 16th floor of the bathing room room room for the other day, the floor of the bathing room for the bathing room for the kitchen room for the kitchen room for the kitchen room for the kitchen room for the kitchen room for the kitchen for the kitchen for the kitchen for the plaintiff, the other day, the floor of the bathing room for the kitchen for the plaintiff, the bathing room for the plaintiff, the plaintiff, the plaintiff, the plaintiff, the plaintiff, the plaintiff, the plaintiff, the plaintiff, the plaintiff, and the plaintiff, the plaintiff, on the 15th day of November 25, 2016.

C. The Defendant paid to the Plaintiff the instant construction cost, KRW 5 million on November 15, 2016, KRW 17 million on December 23, 2016, KRW 29 million on December 3, 2016, KRW 200,000 on December 30, 2016, and KRW 5 million on April 6, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 3, 7 evidence, Eul evidence 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff and the defendant concluded the contract of this case, set the construction cost of this case as the wages of the person invested in the execution of this case, and the execution of this case.

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