logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.12.20 2019나45005
공사대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. A. Around March 2017, the Plaintiff: (a) remodeled the Defendant’s friendship and the Defendant’s father’s three buildings on land C in Gyeyang-si, Yangsan-si; and (b) jointly operated coffee specialty points; (c) the Plaintiff invested KRW 50,00,000, respectively; (d) the remodeling construction (hereinafter “instant construction”) performed by the Plaintiff and the Defendant, and entered into a partnership agreement with the effect that the Plaintiff will bear half of the construction cost (hereinafter “instant agreement”).

B. The Plaintiff and the Defendant discontinued construction around June 1, 2017 and agreed on the instant partnership agreement.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. The Plaintiff and the Defendant agreed upon the instant partnership agreement, and concluded a settlement agreement that the Plaintiff would pay the Defendant expenses incurred in the course of performing the instant construction.

Therefore, according to the above settlement agreement, the Defendant is obligated to pay to the Plaintiff KRW 4,454,400 including the construction cost of KRW 24,854,400, and the cost of purchasing house fixtures of KRW 3,800,000, building repair cost of KRW 5,000, directors cost of KRW 700,000, supervision cost of KRW 5,000,000, and delay damages therefrom.

B. The Defendant did not agree to pay the construction cost of the instant case paid by the Plaintiff and the Plaintiff.

In addition, since there are many defects in the construction works implemented by the plaintiff, the defendant has to re-construction, as well as the expenses claimed by the plaintiff are excessive and the amount certified as a receipt does not exceed KRW 10,000.

3. First of all, we examine whether an agreement was reached between the Plaintiff and the Defendant on the settlement of accounts between the Plaintiff and the Defendant to pay the expenses incurred during the instant construction.

In light of the following circumstances, the Plaintiff submitted the evidence No. 15, No. 15, No. 16, and No. 18, and the overall purport of the pleadings.

arrow