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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
Facts of recognition
Around November 2015, the Defendant, as D’s wife located in Chungcheong-gun C Housing (hereinafter “instant housing”), left E with repair and interior works of the instant housing (hereinafter “instant construction”) around November 2015.
E ordered the Plaintiff, who is engaged in the business of manufacturing and construction of a Litch, to install the instant housing in this case.
On December 18, 2015, the day on which the Plaintiff did not receive the construction cost from E, the Plaintiff, who was promised by the Defendant to directly pay the Plaintiff the construction cost of the stitch (including value-added tax) and installed the stitch (hereinafter referred to as “the stitch”) of the 7.150,000 won (including the value-added tax) in the instant housing, and notified the Defendant of its account number on the day.
Since then, the plaintiff requested the defendant to pay the price, and the defendant respondeded to the purport that "I will directly pay the cost of the construction of the Dolcke by not later than the day of internal day or daily day."
[Grounds for recognition] In full view of Gap evidence Nos. 1 and 4 and the result of this court's voice file verification, the above determination of the ground for claim as to the whole pleadings and the evidence submitted by the defendant alone are insufficient to recognize that the defendant had already been included in the construction cost, as alleged by the defendant, during the construction cost paid to Eul, the defendant is sufficient to conclude that the defendant agreed to pay directly to the plaintiff the plaintiff the construction cost of the lawsuit of this case. Thus, the defendant is reasonable to dispute over the existence and scope of the obligation of the defendant from March 31, 2017, the following day after the delivery date of the original copy of the payment order of this case, and from February 13, 2019, until February 13, 2019, the following day of the original delivery date of the payment order of this case, to the day of complete payment.