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(영문) 대구지방법원포항지원 2017.08.22 2016가단613
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is running the electric lighting business under the trade name of “C”.

On March 13, 2008, the Defendant drafted a letter of performance (hereinafter “instant letter of performance”) stating that the Plaintiff would repay KRW 119,000,000 to the Plaintiff as the Plaintiff’s death penalty.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff asserted that the plaintiff entered into a contract with the defendant on January 13, 2007 on construction work with the total construction cost of 119,000,000 won. The plaintiff demanded payment of the construction work even after completion of the above construction work on March 13, 2007. Since the defendant entered into a written statement of performance of this case on March 13, 2008, the defendant argued that he is liable to pay the amount of money on the written statement of performance of this case.

As to the details of KRW 119,00,000 on the execution statement of this case, the plaintiff thereafter, with respect to the above KRW 119,00,000 on the execution statement of this case, <19,00,000 won, ① the electrical construction cost executed by the plaintiff in the execution room work executed by the defendant, ② the electrical construction cost of 18,440,80,800 won executed by the plaintiff in the E room room work run by the defendant, ③ the above D room work, ③ the construction cost of 23,00,00,000, ④ the construction cost of the water tank to be paid by the defendant related to the above E room room work was paid by the plaintiff to the plaintiff, ④ the construction cost of 1,100,00,000 won on behalf of the plaintiff, ⑤ the payment of KRW 26,50,000 on behalf of the plaintiff, KRW 300,000,70,000 on the total amount paid by the defendant to the plaintiff.

3. The cause of the claim.

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