logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.06.22 2016나3532
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. In the facts of recognition, if the purport of the entire pleadings is added to Gap evidence Nos. 1-1 and 2, the plaintiff entered into a construction contract with the defendant as to the construction cost of 60,630,000 won for the Dud's Dud's Dud's Dud's Dud's Dud's Dud's Dud' and glass construction around June 6, 2008, and entered into a construction contract with 16,03,574 won for the Dud's Dud's Dud's Dud's Dud's Dud' and glass construction cost around November 15, 2008. Upon the defendant's request for additional construction, the plaintiff changed the construction cost of 62,514,600 won for the Dud's Dud's Dud's Dud'

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 27,178,174 won, excluding the remaining construction cost of the plaintiff 51,00,000 won, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery date of a copy of the complaint of this case to the day of full payment, as requested by the plaintiff.

2. The Defendant asserts that, in addition to KRW 51,00,000, the Plaintiff paid the Plaintiff the construction cost of KRW 10,000,000 as of July 9, 200, and KRW 1,950,000 as of June 13, 2014, the Defendant’s defense of mutual aid shall be additionally deducted.

According to the statements in Eul evidence Nos. 1 and 2, the defendant can only recognize the fact that he remitted 15,00,000 won in total to the plaintiff's account under the name of the plaintiff on July 9, 2009, and 1,950,000 won to the Nong Bank account on June 13, 2014, and the evidence submitted by the defendant on July 9, 2009, the defendant paid the amount exceeding KRW 5,00,000 out of KRW 15,00,000,000, which was remitted on July 9, 2009, and it is insufficient to recognize that the above Nong Bank account remitted KRW 1,950,000 to the plaintiff's account on June 13, 2014, and otherwise, it is recognized.

arrow