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(영문) 전주지방법원 2020.05.07 2019나5119
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a contract with the Defendant to build a new warehouse with three partitions of multi-use rooms, and one warehouse with the Defendant, without setting a contract amount, the materials cost was borne by the Defendant, and the Defendant calculated the cost of KRW 200,000 per day of technicians and KRW 110,000 per day of miscellaneous work.

Afterward, the Defendant requested a new construction of the 1st century, and the Plaintiff completed the construction for 16 days from June 19, 2018 to January 1, 2018. However, the Defendant paid only KRW 5 million as the price for a part of the materials. As such, the Defendant is obligated to pay the Plaintiff the remainder of KRW 10,953,858, which remains after deducting the said KRW 5 million from the total of 15,953,858, from the total of 15,953, and personnel expenses.

B. The summary of the Defendant’s assertion concluded a contract with the Plaintiff on the construction of multi-use room 2 partitions, warehouse 1 Dong and one fraternity 1 unit with the total construction cost of KRW 7.8 million and construction period of KRW 4 days, and the Defendant paid KRW 5 million to the Plaintiff on June 25, 2018.

2. In light of the judgment, the evidence alone presented by the Plaintiff is insufficient to acknowledge that the construction contract was concluded with the same content as the Plaintiff asserts, and there is no other evidence to acknowledge it.

Therefore, as recognized by the Defendant, 7.8 million won can be recognized as the payment for the construction work that gave a contract to the Plaintiff. As such, the Defendant is annually prescribed by the Civil Act from January 24, 2019 to May 10, 2019, which is the date following the delivery date of a copy of the complaint in this case, as sought by the Plaintiff, as the Plaintiff seeks, for the remainder of 2.8 million won after deducting the amount of five million won paid to the Plaintiff from the payment for the said construction work.

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