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(영문) 광주지방법원순천지원 2013.12.12 2013가단6630
공사대금
Text

1. The Defendant’s KRW 26,818,00 for the Plaintiff and 5% per annum from May 31, 2010 to April 24, 2013.

Reasons

1. Facts of recognition;

A. On April 2010, at the Defendant’s request, the Plaintiff started the interior works to open “D” at the clothing sales store run by the Defendant at net City C (hereinafter “instant construction”). At the Defendant’s request, the Plaintiff was paid KRW 23,760,000 (including value-added tax) as the construction cost.

B. In the event that the interior interior interior interior interior design of brand products is intended, it is general to start construction works after being provided with design drawings for interior interior design drawings from the head office of brand products in advance.

However, in order to start the business of D sales stores, the Defendant asked the Plaintiff to perform the interior construction without drawing up the design drawings provided by the head office. Accordingly, the Plaintiff started the instant construction without drawing by referring to the interior interior interior interior interior of other D sales stores already operated.

C. During the construction of the Plaintiff, the Defendant, in addition to the main construction of the instant case, requested the Plaintiff to install an internal gambling room, a carter, goods storage, etc., and the Plaintiff completed the additional construction upon the Defendant’s request (hereinafter “instant additional construction”), and the price for the additional construction is KRW 3,058,00 (including value-added tax).

On April 2010, the Plaintiff completed the instant principal and additional construction works.

[Ground of Recognition] Facts without dispute, entry or video of Gap's evidence 1 to 5 and 7 (including each number), witness E and F's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, since the Plaintiff completed the principal works and additional works at the Defendant’s request, the Defendant shall pay the Plaintiff the price for the principal works and additional works, barring special circumstances.

B. As to the Defendant’s assertion on the waiver or reduction of construction cost as to the Defendant’s assertion, the Defendant is the principal construction work and the Plaintiff.

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