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(영문) 수원지방법원 2015.05.28 2014가단50179
공사대금
Text

1. The Defendant: (a) KRW 15,158,400 for the Plaintiff and 5% per annum from July 9, 2014 to May 28, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s request from the Defendant (Defendant’s mother C) from February 13, 2013 to the same year.

2. By December 28, 200, the Defendant-owned housing, completed the Rotterdam Corporation (hereinafter “instant construction”) on the wife population D apartment Nos. 103, 1701, and paid KRW 15,158,400 for the instant construction cost.

B. The Defendant did not pay the construction cost to the Plaintiff at all.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 9, Gap 2, 3, Eul evidence 1, Eul evidence 2-1, 2-2, witness E, F and G testimony, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff and the Defendant share the construction cost of this case for KRW 15 million, and the Plaintiff paid actual expenses to the Plaintiff and continued construction work.

However, the defendant cannot recognize the construction cost and does not pay the construction cost.

Therefore, the defendant is obligated to pay 31,097,838 won and damages for delay for the appraisal of the construction cost of this case.

나. 피고 피고는 원고로부터 공사대금 1,566만 원 상당의 견적서를 받고 싱크대 공사비는 250만 원, 바닥재 공사비는 60만 원으로 변경하였으며 샷시 공사는 하지 않기로 하여 총공사대금을 850만 원으로 하기로 원고와 구두계약을 체결하였다.

However, since the plaintiff unilaterally performed additional construction work unlike the contract, the plaintiff's claim cannot be complied with.

3. Determination

A. The following circumstances are revealed by comprehensively taking account of the overall purport of the pleadings as to whether the Plaintiff unilaterally constructed the instant construction work, and ① the Defendant’s mother C appears to have requested an additional construction work by seeking explanation from the person in charge of the actual construction at the construction site during the instant construction work period, ② the special circumstances in which the Plaintiff did not make any demand but did not receive any objection from the Defendant’s side during the construction work, ③ the Defendant’s written estimate presented by the Plaintiff.

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