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(영문) 부산지방법원 동부지원 2018.05.16 2017가합314
공사대금
Text

1. The Defendant’s KRW 101,59,500 for the Plaintiff and KRW 5% per annum from February 21, 2017 to May 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who engages in construction business, etc. with the trade name of C, and the Defendant is a corporation with the purpose of indoor interior interior decoration business, etc.

From July 2012 to December 2016, the Plaintiff contracted 15 items, including metal works, from the Defendant (hereinafter “instant construction works”) to perform the construction works (hereinafter “each of the instant construction works”). The Plaintiff did not prepare a written contract on the construction cost or details of the instant construction works.

B. On December 19, 2014, the Plaintiff sent to the Defendant a demand note to the effect that a total of seven remaining 168,670,000 won during the instant construction remains as an outstanding amount, and that it would soon be deposited into the account, by content-certified mail.

C. On November 16, 2016, the Plaintiff is the Defendant.

Even after the completion of 8 additional construction works other than the seven works described in the paragraph, the Defendant sent content-certified mail to the effect that the outstanding amount would be paid at an early time, because the Defendant failed to pay the construction cost of KRW 317,00,000,000.

[Ground of recognition] Facts without dispute, Gap 72 and 90, the purport of the whole pleadings

2. The parties' assertion

A. If the Plaintiff and the Defendant were to have contracted the construction of the construction work for the construction work of the construction work from the original contractor, they have been engaged in a transaction for more than ten years in the form of subcontracting the construction work to the Plaintiff.

If the Defendant sends the design drawings of metal works, the Plaintiff shall submit a quotation to the Defendant according thereto, and shall notify the Plaintiff of the fact that the Defendant will examine the said quotation and perform the construction work.

Since the Defendant did not have any objection or amendment to the estimate amount presented by the Plaintiff while carrying out the instant construction project, it is reasonable to deem that the contract between the Plaintiff and the Defendant was concluded for the construction project corresponding to the estimate amount submitted by the Plaintiff.

(Specificly, the contents are as follows. The plaintiff shall enter the list of paragraphs (c).

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